TMI Blog1972 (8) TMI 136X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act. No dispute has been raised by the petitioner in respect of any one of them. 2. The grounds of detention furnished to the petitioner at the time of his arrest stated as follows : (1) On the night of 30-7-71 at about 20.00 hours you along with your associates entered into the toddi shop of Gopinath Bohara s/o Late Ram Bohara at Ganapore P.S. Ranaghat District Nadia and stabbed Shri Gopinath Bohara with daggers causing severe bleeding injuries on his person. You also terrorised the local people by exploding bombs. Subsequently, the said Gopinath Bohara succumbed to his injuries at Saktinagar Hospital. Such action created terror and panic in the minds of the local peace-loving people and caused disruption to their normal work. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of both the counsel, we are of the view that neither of the two contentions can be sustained. 5. It is well-settled that the mere fact that the police at first has arrested the petitioner and initiated steps to prosecute him under the CrPC and had even lodged at first information report would be no bar against the District Magistrate issuing an order under a preventive detention statute if at the time of passing such an order he is satisfied that it was necessary to do so on grounds permissible to him under the Act. Where, however, the concerned person is actually in jail custody at the time when an order of detention is passed against him and is not likely to be released for a fair length of time, it would be possible to contend that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d ground of detention. The murder of Ajahar Ali Khan was not an act committed out of any personal animus against him or out of the usual motives under the influence of which such acts are ordinarily committed. The counter-affidavit alleged that the petitioner and his associates belonged to what is called the Naxalite party. The second ground of detention alleged that the killing of Ajahar Ali Khan was committed with the object of promoting the political ideology of the petitioner and his associates; in other words, for terrorising those who did not subscribe to or were opposed to that ideology. Thus, the act in question was not merely confined to a specific individual but was aimed at those who did not agree with the said ideology, and to c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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