TMI Blog1974 (11) TMI 99X X X X Extracts X X X X X X X X Extracts X X X X ..... iled this petition from Jail for releasing him from Jail custody by grant of a writ of habeas corpus. The order of detention was made against the petitioner on 20-6 1972 in pursuance of which he was arrested and put in poison on 22- 6-1972. The grounds of detention were also served upon the detenu on 22-6-1972 and they read as follows : You are being detained in pursuance of a detention order made in exercise of the power conferred by Sub-section (1) read with Sub-section (2) of Section 3 of the Maintenance of Internal Security Act, 1971 (Act 26 of 1971) on the ground that you have been acting in a manner prejudicial to the maintenance of supplies and services essential to the community, as evidenced by the particulars given below: 1. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds. (3) That the petitioner was illiterate and the grounds were not explained to him in his mother tongue. 3. There is absolutely no substance in the last two points urged on behalf of the petitioner. They may be shortly disposed of thus. At the time the petitioner was intercepted with his associates while carrying the Telegraph Copper wires, members of the public were not under any fear or terror but subsequently it is not unreasonable to think that because of terrorizing by the petitioner or his associates they were not prepared to give evidence in court. It is a matter of common knowledge that witnesses are terribly afraid of deposing against hardened criminals. It is well settled that the mere fact that the detenu was discharged ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n form the basis for reaching a satisfaction that he might repeat such acts in future and in order to prevent him from doing so, it is necessary to detain him. The nature of the act the attendant circumstances may in a given case be such as to reasonably justify an inference that the person concerned, if not detained, would be likely to indulge in commission of such acts in future. The order of detention is essentially a precautionary measure and it is based on a reasonable prognosis of the future behavior of a person based on his past conduct judged in the light of the surrounding circumstances. In the case of Anil Dey v. State of West Bengal the past act alleged was only one to justify the order of detention against the detenu. He with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... grinding halt the movement of trains. 5. In the instant case it is said that the petitioner with his associates was found carrying 11 bundles of Telegraph Copper Wires weighing 3 quintals in a bullock cart from Bihar side to Islampur. Carriage of such a huge quantity of Copper Wires could not be an isolated act unconnected with the design of theft of Telegraph Copper Wires and their disposal. It must have been as a result of a criminal design and conspiracy hatched up by the petitioner and his associates to indulge in the nefarious act of removal and disposal of Telegraph Copper Wires. Such acts were likely to cause serious disruption to the communication system affecting operation of communication facilities to the public. The past act ..... X X X X Extracts X X X X X X X X Extracts X X X X
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