TMI Blog1974 (10) TMI 106X X X X Extracts X X X X X X X X Extracts X X X X ..... h a view to prevent him from acting in a manner prejudicial to the maintenance of public order . The order was served on him in jail the same day. The grounds of detention were supplied to the petitioner on February 1, 1974. They run as under: (i) That for sometime past you have been persistently engaged in the commission of acts involving breaches of law and public peace and highly prejudicial to maintenance of public order. (ii) That, as the leader of a section of students at Jabalpur, you have been persistently encouraging and inciting the local students to commit acts of indiscipline, defiance of authority, breach of law, including violence as well as similar other acts highly prejudicial to maintenance of public order; This has actually disturbed public peace and order in the city on a number of occasions, more particularly on the 23rd January 1974, when considerable loss of public and private property occurred, injuries were caused to several persons and imposition of prohibitory orders including 'Curfew' became necessary. (iii) The boldness and determination with which you have acted leaves no doubt that if you are allowed to remain at large any longer, you ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mes to Jabalpur. 10. More recently, you have taken very active part in the agitation of the Madhya Pradesh Madhyamik Shikshak Sangh, although you have no direct connection with this body or their demands. On the 19th 20th January, 1974, you and your associates declared that the students would fully support the agitation of the teachers and would also organise a 'Band' in Jabalpur on the 23rd January. On 21-1-1974, 60 students of your group headed by you resorted to 24 hours hunger strike at Malviya Chowk and the call for Jabalnur Band was reiterated and published. This campaign was kept up on 22nd January and, as a result, on the morning of 23rd January, 1974, a large number of students collected at Malviya Chowk and big procession was formed which was headed by you and your associates This procession passed through the main parts of the city raising very provocative and inflammatory slogans. Ultimately, near the Collectorate an explosive situation was created when the miscreants disturbed public peace and order and indulged in heavy stone-pelting. As a result, prohibitory orders under Section 144, Criminal P. C. had to be imposed and the mob had to be dispersed by u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tated the position thus: As an abstract proposition of law, there may not be any doubt that Section 3(1)(a) does not preclude the authority from passing an order of detention against a person whilst he is in detention or in jail: but the relevant fact in connection with the making of the order may differ and that may make a difference in the application of the principle that a detention order can be pased against a person in jail. Take for instance, a case where a person has been sentenced to rigorous imprisonment for ten years. It cannot be seriously suggested that soon after the sentence of imprisonment is pronounced on the person, the detaining authority can make an order directing the detention of the said person after he is released from jail at the end of the period of the sentence imposed on him. In dealing with this question, again the considerations of proximity of time will not be irrelevant. On the other hand, if a person who is undergoing imprisonment, for a very short period, say for a month or two or so, and it is known that he would soon be released from jail, it may be possible for the authority to consider the antecedent history of the said person and decide whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ered to be mala fide provided the authority concerned is satisfied of the necessity of the detention as contemplated by the Act The jurisdiction of preventive detention sometimes described as jurisdiction of suspicion depends on subjective satisfaction of the detaining authority This jurisdiction is thus essentially different from that of judicial trials for the commission of offences and also from preventive security proceedings in criminal courts, both of which proceed on objective consideration of the necessary facts for judicial determination by courts of law and justice functioning according to the prescribed procedure. Merely because such jurisdiction of courts can also be validly invoked does not by itself exclude the jurisdiction of preventive detention under the Act. In regard to the second, the Court said: There is no legal bar in serving an order of detention on a person who is in jail if he is likely to be released soon thereafter and there is relevant material on which the detaining authority is satisfied that if freed, the person concerned is likely to indulge in activities prejud- cial to the security of the State or maintenance of public order The real hurdle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... narration of the antecedents or the past history of the detenue. The conclusion of fact with particular reference to the incident of January 23, 1974 which embraces large scale disturbance of public order caused by the students at the instigation of the petitioner finds specific mention in Clause (ii) of the grounds of detention which have been quoted in extenso earlier. There is no specific reference therein to any incident which happened prior to June 4, 1973. The particulars of the grounds are given in paragraphs 7, 8, 9, 10 and 11 of the Schedule annexed to the 'grounds of detention'. 15. Paragraph 1 of Schedule recites that the petitioner was from 1957 to 1970 a student and then from January, 1971 to November, 1972, a lecturer in Jabalpur University. Paragraph 2 narrates how in the years 1970, 1971 and 1972 the petitioner was on three separate occasions proceeded against under Sections 107/117, Criminal P. C. and was facing prosecution, under Sections 294/506/337, I.P.C. in respect of an incident that took place on September 3, 1972. Paragraph 3 refers to an incident of September, 1972 and paragraph 4 to a happening of January 16, 1973 and consequent proceedings un ..... X X X X Extracts X X X X X X X X Extracts X X X X
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