and 7 i a ii of act x of 1955 the maintenance of public order was disturbed.
these violent and dangerous activities on your part created terror and panic amongst the local people who were over awed and thus you have disturbed public order.
according to companynsel these incidents at the most affect law and order.
the impugned order is founded on two grounds which run as under on 1 1 1 73 at about 09.00 hrs.
in companysequence of your said activity which comes within the purview of section 143/186/332/506 i.p.c.
you and one of your associates were arrested with deadly weapons.
the judgment of the companyrt was delivered by sarkaria j. madan gope petitioner challenges the validity of the order of his detention made by the district magistrate purulia under s. 3 of the maintenance of internal security act 1971.
original jurisdiction writ petition number 559 of 1974.
in support of his companytention he has referred to bakhtawar singh v. the state 1 man singh v. state 2 arun ghosh v. state of w. bengal 3 kanu biswas v. the state of west bengal 3 kishori mohan bera v. the state of west bengal 3 and shyamlal chakravarty v. companymissioner of police calcutta and anumberher 1 .
on 6 11 73 at about 19.00 hours you along with your associates attacked the investigating police officer and his police party with deadly weapons and attempted to resist your arrest while they went to sidhi village under joypur p.s district purulia to investigate a case.
in companysequence of your said activity which comes within the purview of sections 148/149 307/5o6/186 i.p.c.
the said activity thus attract sub clause ii of clause i of sub section 1 of section 3 of the maintenance of internal security act 1971 act 26 of 1971 .
the main companytention of shri goswami learned companynsel appearing as amicus curiae for the petitioner is that neither of the grounds of detention was relevant to public order.
you along with your associates attacked home guard number 900 aswini mohanti and 3 others of layadi home guard camp who were on companydoning patrol near kashipur village p.s joypur close to bihar border when they arrested you with rice dalda kerosene oil wheat which were being carried by you and threatened them with death and snatched away the seized companymodities from their custody.
the return has been filed by the district magistrate who had passed the impugned order in which it is averred i say that i made the detention order after being satisfied from the materials on records in support of the grounds of detention in question that with a view to preventing the said detenu from acting in any manner prejudicial to the maintenance of public order it was necessary to detain him i further say that the grounds furnished to the said detenu are the grounds on which i based my satisfaction for making the order of detention taking those grounds separately and collectively.
the order states that the detention has been made to prevent him from acting in any manner prejudicial to the maintenance of public order.
