ition Civil No 12847 of 1985  1081 of 1987
Under Article 32 of the Constitution of India
RB Mehrotra Amicus Curiae Kishan Patnayak in person and Ranjan Dwivedi for the Petitioners
G Rath Advocate General Orissa RK Mehta Inderjit Roy Ms Mona Mehta KR Nagaraja and Ms Madhu Moolchan dani for the Respondents
60 The Judgment of the Court was delivered by DUTT J
Writ Petition Civil No 12847 of 1985 has its origin in a letter written by Shri Kishen Pattnayak and Shri Kapil Narayan Tiwary two social and political workers addressed to the Hon ble the Chief Justice of India
In this letter they have brought to the notice of this Court the miserable condition of the inhabitants of the district of Kalahandi in the State of Orissa on account of extreme poverty
It is alleged that the people of Kalahandi in order to save themselves from starvation deaths are com pelled to subject themselves to distress sale of labour on a large scale resulting in exploitation of landless labours by the well to do landlords
It is alleged that in view of distress sale of labour and paddy the small peasants are deprived of the legitimate price of paddy and they somehow eke out their daily existence
Further their case is that being victims of chill penury  the people of Kalahandi are sometimes forced to sell their children
It has been prayed that the State Government should be directed to take immedi ate steps for the purpose of ameliorating the misery of the people of the District of Kalahandi
On receipt of the said letter this Court directed the same to be treated as a writ petition and it was registered as such
Another writ petition being Writ Petition Civil No 1081 of 1987 has been filed by the Indian People s Front
This writ petition not only relates to the misery of the people of Kalahandi but also of the people of another district namely the district of Koraput
In this writ petition it has been alleged that the starvation deaths of the inhabitants of the districts of Koraput and Kalahandi are due to utter negligence and callousness of the adminis tration and the Government of Orissa
It is alleged that the starvation deaths drought diseases and famine have been the continuing phenomena in the said two districts since 1985
The Government of Orissa has been accused of utter failure to protect the lives of the people of the two districts
The State of Orissa appeared in both these writ peti tions and opposed the same by filing counter affidavits denying the allegations of the petitioners
The State of Orissa filed two statements one dated October 20 1986 consisting of 160 pages and the other dated December 1 1986 consisting of 181 pages
In these statements it has been alleged by the State of Orissa that the State Government has implemented the social welfare measures in the district of Kalahandi
61 In order to ascertain the correct state of affairs this Court by its order dated January 16 1987 requested the District Judge of Kalahandi to enquire as to whether the State Government has in fact implemented the social wel fare measures in the district of Kalahandi and whether such measures were adequate to meet the needs of the people there
The learned District Judge was asked to submit a report to this Court
It was further directed by this Court that the learned District Judge while preparing his report would consider the feasibility of the implementation of some suggestions made by the petitioners regarding the steps to be taken for the purpose of ameliorating the condition of the people in the said district
The learned District Judge has since submitted his report which runs into 36 1 pages
The petitioners are not at all satisfied with the said report of the learned Dis trict Judge
They have challenged the correctness of facts found by him particularly with regard to the question of starvation deaths
It has been stated by the learned Dis trict Judge that there was hardly any case of starvation death on the other hand there has been implementation by the Government of the social welfare measures
We do not think it necessary to consider the report of the learned District Judge
It is agreed by the parties including Shri Pattnayak the petitioner No 1 in Writ Petition No 12847 of 1985 who has appeared before us in person that some steps should be taken for the purpose of alleviating the miseries and sorrows of the poor inhabitants of both the said districts
It is not disputed that the people of the districts of Kalahandi and Koraput are very poor and most of them have been living below the poverty line
Although the learned District Judge s report is against the alleged starvation deaths we are of the view that the happening of one or two cases of starvation deaths cannot altogether be ruled out
Shri Pattnayak laid much emphasis in his submissions on the duty of the Government to take immediate steps to prevent starvation deaths
He has submitted before us some suggestions in writing So far as prevention of starvation deaths is concerned his suggestion are inter alia that the Government should constitute a 11 Member Committee of which the majority should be social workers for the purpose of supervising matters arising out of drought and other natural calamities
This committee may be called the Kalahandi Relief Implementation Committee KRIC
The nonofficial members should not be members of any political party and should belong to well known organisa tions of social work such as Sarvodaya Gandhi Peace Foun dation and registered voluntary agen 62 cies as contained in the State approved list of voluntary agencies
He has also enumerated the duties of the Commit tee
The learned Advocate General of Orissa appearing on behalf of the State of Orissa has drawn our attention to paragraph 39 of the Orissa Relief Code which provides as follows 39
Reports on starvation i In spite of taking adequate precautions in providing relief works for able bodied persons and gratuitous relief and feeding programmes for those who cannot under take physical labour and other relief meas ures reports of starvation cases very often appear in the Press
Whenever a report of death due to starvation is published and it comes to the notice of the Collector he shall immediately cause an enquiry into the allega tion
The enquiry shall be conducted by a gazetted officer in the presence of the Sar panch Ward Member or some gentlemen of the village and the result of the enquiry reported in the Pro forma in Appendix VI within 48 hours if possible
The Pro forma is not exhaustive
The Collector should include such other information which he considers necessary to give Government a complete picture of the situation in which the alleged death has taken place
If all the information cannot be col lected forthwith a preliminary report should be furnished immediately to be followed by a complete report soon
ii After the receipt of the enquiry report the Collector shall review the relief measures undertaken in the area and also if he deems proper may visit the area himself or depute a senior officer to take stock of the situation and be satisfied about the adequacy of labour employment food position and other relief arrangements
He should take further steps to alleviate distress in the area as far as possible
In case he considers necessary to further strengthen the relief measures he shall furnish concrete proposals promptly with necessary justification through the Revenue Divisional Commissioner to the Board of Reve nueSpecial Relief Commissioner
 In this connection we may also refer to paragraph 40 relat ing to 63 verification of Press reports and issue of contradiction if any
Paragraph 40 reads as follows 40
Verification of Press reports and issue of contradiction if any Besides alleging starvation deaths reports on large scale migration of population on account of lack of work scarcity of drinking water outbreak of epidemics etc
appear in the Press very often
The Collector shall take steps to get such reports immediately verified by proper enquiry or otherwise and if found true should take immediate remedial action
Proper publicity relating to the relief measures undertaken should also be given
If on the other hand the report is found inaccurate exaggerated or incor rect a contradiction stating the correct facts may be issued by the Collector immediately
Copies of such contradictions should be made available to the higher author ities
 It is apparent from paragraph 39 that ample provision has been made for taking steps as soon as the report of starvation death is published or any starvation death comes to the notice of the Collector
It is also submitted by the learned Advocate General that there is a district level Natural Calamities Committee consisting of the Collector other officials and the popular representatives like MPs and MLAs of the district who are required to review the progress of relief work and the measures taken to meet the drought conditions from time to time
He submits that instead of constituting another Com mittee the Natural Calamities Committee will serve the purpose
Shri Pattnayak also agrees that another separate Committee need not be constituted but he submits that the Natural Calamities Committee should include at least five non official and non political members belonging to well known organisations of social work such as Sarvodaya Gandhi Peace Foundation and registered voluntary agencies as already suggested by him
The learned Advocate General states that the Government has no objection to induct into the Committee non officials such as representatives of the recognised voluntary organisations as suggested by Shri Pattnayak
In the circumstances we direct the Government of Orissa that it shall within a month from date nominate the names of at least five persons belonging to the recognised volun tary organisations like Sarvodaya Gandhi Peace Foundation Ramakrishna Mission Bharat Sewa Sangha and registered voluntary agencies as members of the said 64 Natural Calamities Committee of the district
We also accept the suggestion of Shri Pattnayak that the Committee shall hold at least one meeting every two months
The function of the Committee will not be confined only to the cases of starvation deaths but it shall be responsible for looking after the welfare of the people of the district
We are given to understand that there is also such a dis trict level Natural Calamities committee in the district of Koraput
We make it clear that the Government will also nominate at least five such persons belonging to recognised voluntary organisations within a month from today and the Committee will also perform the same functions
So far as the district of Kalahandi is concerned it has been urged by the learned Advocate General that the Govern ment of Orissa has already undertaken appropriate measures for mitigating the miseries of the people of that district
The steps which have been taken by the Government may be stated in brief
The State Government has allotted a sum of Rs8054 lakhs for Kalahandi during the Sixth Plan
The State Government is fully aware of the situation in Kalahandi and constant vigilance is maintained under the direct supervi sion of the Chief Minister to redress the distress of the people
The labour intensive work has been undertaken by the government on a massive scale to provide employment opportu nity to the people of the district of Kalahandi
During the year 1984 85 in areas of acute distress free feeding pro gramme has been undertaken on a massive scale
During 1987 88 the coverage under the Normal Feeding Programme was 212800 persons
Besides 120000 persons were also cov ered under the Emergency Drought Feeding Programme covering all the drought affected areas of the district
In 128 Gram Panchayats where crop damage was more than 50 120000 persons were covered under the Emergency Feeding Programme during 1987 88
During the current year preliminary survey indicated that crop damage was likely to occur in 74 Gram Panchayats and accordingly 40000 persons from the said affected areas have been covered under the Emergency Feeding Programme in addition to the Normal Feeding Programme for 212800 persons
Under the Area Development Approach Pro gramme for Total Backwardness Scheme covering certain blocks about 20000 persons are being fed under the Feeding Programme
According to the Government 272000 persons are being covered by the Feeding Programme in Kalahandi district in 1988
Kalahandi is a drought prone district and Government has according to the learned Attorney General already taken a number of 65 major medium and small Irrigation Projects in the said district to provide irrigation facilities for agricultur ists
485 tube Wells are stated to have been dug as a major source of drinking water in Kalanandi
The Government has also started aforestation programme so as to prevent the recurrence of drought conditions
Much facilities are stated to have been given to the weavers of the district
Elaborate measures have also been taken for ensuring that poor cultivators are not coerced to sell their surplus paddy at a lower rate on account of their poverty
The Orissa Agricultural Produce Marketing Act is being strictly implemented
The entire procurement of paddy has been en trusted to the Food Corporation of India and the State Cooperative Marketing Federation
These two Organisations specialised in such purchases are possessed of godowns and have their local centres throughout the State for purchase of surplus paddy
The FCI at the request of the State Gov ernment has established purchase centres at Junagarh Khariar Road and Kesinga in the district of Kalahandi
The FCI has also made arrangements for direct purchase of paddy at Dharmagarh Junagarh and Narala
The State Cooperative Marketing Federation has also opened direct purchase centres at Boden and Sinapalli in the district of Kalahandi
Fur thermore when surplus paddy comes to market additional purchase centres are provided for purchase of the surplus paddy
The minimum purchase price for paddy is fixed by the Government of India
Adequate funds are provided to the purchasing agents to purchase the surplus paddy at the rates prescribed by the Government
State Government also ensures that unscrupulous traders do not coerce the farmers to sell paddy at a distress price
Assistance to agriculturists is also being given by the Government
Due to drought conditions the Kharif crop was damaged in some areas of Kalahandi district in 1987 88
To enable cultivators to undertake resowing Government is stated to have supplied seeds free of cost in mini bags
The measures which have been taken and are being taken as stated in the written note submitted by the learned Advocate General have been briefly mentioned
There is no reason not to accept the statements made on behalf of the State of Orissa that the measures stated above are being taken for the purpose of mitigating hunger 66 poverty starvation deaths etc
of the people of Kalahandi
If such measures are taken there can be no doubt that it will alleviate to a great extent the miseries of the people of Kalahandi
Such measures are also being taken in respect of the district of Koraput
The Natural Calamities Committee shall also keep a watch over the working of the social welfare measures which are being taken and may be taken in future
Shri Pattnayak also does not dispute that if such measures are continued to be taken it will be a great relief to the people of Kalahandi and Koraput
We hope and trust that in view of the prompt action that has been taken by the Government soon the miseries of the people of these two districts will be over
As prayed for by Shri Pattnayak the petitioners are granted liberty to mention before this Court if necessary
The Writ Petitions are disposed of as above
There will be no order as to costs
TNA Petitions disposed of


Summary:
The petitioner filed a writ petition challenging the legality of the order of his detention passed by the respondent under sub section 2 of Section 3 of the Gujarat Prevention of Anti Social Activities Act 1985
In the grounds of detention it was alleged that the petitioner was a prohibition bootlegger indulging in use of force and violence and by illegal sale of liquor the petitioner created an atmosphere of fear and terror by beating innocent citizens thus indulging in anti social activities which were against public order
The detention order also indicated that he was prosecuted in two criminal cases under the Excise Act and was acquitted in one case and the other case was pending
In his writ petition to this Court the petitioner contended that the grounds of detention were vague and there was nothing to show that his activities either affected or are likely to affect adversely the maintenance of public order and that it is not sufficient to allege that he is a bootlegger to warrant his detention
The respondent challenged the maintainability of the writ petition in view of the pendency of the representation of the petitioner before the Advisory Board and also contended that the grounds were not vague being supported by statements of the witnesses
Allowing the writ petition and quashing the order of detention and directing the release of the petitioner this Court
PG NO 1081 PG NO 1082 HELD A person may be very fierce by nature but so long as the public generally are not affected by his activities on conduct the question of maintenance of public order will not arise
In order that an activity may be said to affect adversely the maintenance of public order there must be material to show that there has been a feeling of insecurity among the general public
If any act of a person creates panic or fear in the minds of the members of the public upsetting the even tempo of life of the community such act must be said to have a direct bearing on the question of maintenance of public order
1089H 1090A B The Commission of an offence will not necessarily come within the purview of public order 
1090B Pushkar Mukherjee vs State of West Bengal   relied on
In the instant case the detaining authority has failed to substantiate that the alleged anti social activities of the petitioner adversely effect or are likely to affect adversely the maintenance of public order
It is true some incidents of beating by the petitioner had taken place as alleged by the witnesses
But such incidents do not have any bearing on the maintenance of public order
1090H 1091A It may be that the petitioner is a bootlegger within the meaning of section 2b of the Act but merely because he is a bootlegger he cannot be preventively detained under the provisions of the Act unless as laid down in sub section 4 of Section 3 of the Act his activities as a bootlegger affect adversely the maintenance of public order
1091B Even though a representation is pending before the Advisory Board the writ petition under Article 32 of the Constitution is maintainable before the Court
1086B Prabhu Dayal Deorah vs The District Magistrate Kamrup   relied on