TMI Blog1972 (10) TMI 132X X X X Extracts X X X X X X X X Extracts X X X X ..... ting in any manner prejudicial to the maintenance of public order . The petitioner was arrested on 17th December 1971 and on the same date the rounds of detention were served on him. The petitioner s case was placed before the Advisory Board on 7th January 1972, his representation was received by the Government on 13th January 1972 and was rejected on 22nd February, 1972. Two grounds were furnished to the petitioner in justification of the order of detention. It was stated firstly, that the petitioner and his associates were members of an extremist party (CPI-ML), that on 16th August 1971, they armed themselves with lethal weapons like firearms, choppers and daggers with a view to promoting the cause of their party, that they raided the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... passed and thereby the order is vitiated. One of the two incidents is a legend to have taken place on 16th August 1971 and immediately thereafter the petitioner was arrested. He was produced before the Judicial Magistrate, Kalna on 10th September 1971 who enlarged him on bail on 6th October 1971. The petitioner was eventually discharged by the learned Magistrate on 16th December 1971, but in the meanwhile, the order of detention was passed on 16th November 1971 and the petitioner was arrested in pursuance of that order on 17th December 1971. In regard to this contention it may be sufficient to draw attention to the decision of this Court in Writ Petition No. 112 of 1972 decided on 17th August 1972. It was held therein that the mere circu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ong title to the Act, which describes it as an Act to provide for detention in certain cases for the purpose of maintenance of internal security and matters connected therewith . We see no merit in this contention. In the first place, under Entry 3 of List II of the Seventh Schedule to the Constitution, Parliament has the power to legislate on Preventive detention for reasons connected with the security of a State. the maintenance of public order, or the maintenance of supplies and services essential to the community . Section 3(1) (a) (ii) of the Act confers power on the Central Government and the State Government to pass orders of detention with a view to, preventing any person from acting in any manner prejudicial to the security o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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