TMI Blog1974 (9) TMI 113X X X X Extracts X X X X X X X X Extracts X X X X ..... n communicated to him. Secondly, that in Criminal proceedings filed against him he was discharged on the same charges, which formed the grounds of his subsequent detention. Thirdly, relying on the decision in Jagdish Prasad v. The State of Bihar and Anr. (1974) 4 S.C.R. 455, wherein the District Magistrate did not file an affidavit, it is contended that the absence of such an affidavit is fatal to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tenu. If this is so, then his submission is that the statement in the affidavit that the Magistrate discharged the detenu, as witnesses were not forthcoming cannot be correct. We are not prepared to go into this question, as that would amount to an enquiry into the truth or otherwise of the assertion made in the affidavit. Even otherwise, it does not appear to us that on the face of it the submiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f anti-social elements which have disrupted generally the law and order in those particular areas, had to be detained by the concerned authorities immediately after the persons alleged to have been indulging in prejudicial activities were discharged On this score the detention order cannot be declared invalid. Lastly, it is contended that Krishna Iyer, J. in Jagdish Prasad v. The State of Bihar an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave no personal knowledge but who swear to facts gathered from the record can have only paper wisdom and nothing else, But what we think was being commented upon was that it was not shown as to why even if the District Magistrate did not swear to an affidavit, the next best person, namely a Senior Officer in the secretariat who has been associated with the handling of the case at the Government ..... X X X X Extracts X X X X X X X X Extracts X X X X
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