Case: S.K. Ohab Vs. State of West Bengal & Others

Mathew, J.1. The petitioner challenges the validity of an order of detention passed under sub-section (1) read with sub-section (2) of section 3 of the Maintenance of Internal Security Act. 1971, on 18-3-1974 by the District Magistrate, Murshidabad.2. The grounds. of detention communicated to the detenu are:"That on 7-12-1972 at about 18.00 hrs. you carried weapons including unlicensed fire-arms, held secret meeting with your associate Kala Majhi of Bangla Desh and many others in the house of your associate Azimuddin Biswas at Bartanabad, P. S. Domkal and subsequently assembled in a jungle at Jitpore near Kalibari, participated in a dacoity in the house of Basi Charu Ullah Mandal at Radhakhatapore, P. S. Domkal at 23.00 hrs. assaulted inmates, fired several rounds from an un-licenced gun towards the approaching villagers and thereby disturbed the public order.That on 6-1-1973 morning you carried bombs and unlicensed fire arms at the village Bartanabad P. S. Domkal, inviting Kala Majhi and many unknown others from Bangle Desh, holding secret meeting at the house of your associate at the village, participating in a dacoity at 18.45 hrs. On the same day in the house of S. K. Golaz Murthuza at Palsa P. S. Nabagram, assaulted inmates, fired several rounds towards the approaching villagers from an un-licenced gun and killing one of them, looted away cash, ornaments, etc. from the house and escaped to Bangla Desh via. Bartanabad P. S. Domkal on the following morning and. thereby disturbed the public order "3. The, only contention raised by counsel for the petitioner as regards the validity of the detention order was that the first ground was vague inasmuch as it did not specify the duration of the secret meeting which the petitioner had with his associate Kala Majhi of Bangla Desh and many others in the house of his associate Azimuddin Biswas at Bartanabad in the ground and that although it is stated in the ground that it was at about 18:00 hrs. on 7-12-1972 that the petitioner carried weapons including unlicensed fire-arms and his participation in the dacoity in the house of Basi Charu Ullah Mandal at Radhakhatapore was at 23.00 hrs. there was no mention in the ground that it was on the same day.4.We do not think that there is any substance in the contention. The ground is reasonably specific and there can be no doubt that 23 hrs. mentioned in the ground must be on the same day. Any, reasonable person reading the, ground would, have no difficulty in understanding its content and could make an effective representation on the basis ,of the details given therein

Decision reasoning: 0[ds]3. The, only contention raised by counsel for the petitioner as regards the validity of the detention order was that the first ground was vague inasmuch as it did not specify the duration of the secret meeting which the petitioner had with his associate Kala Majhi of Bangla Desh and many others in the house of his associate Azimuddin Biswas at Bartanabad in the ground and that although it is stated in the ground that it was at about 18:00 hrs. onthat the petitioner carried weapons including unlicensedand his participation in the dacoity in the house of Basi Charu Ullah Mandal at Radhakhatapore was at 23.00 hrs. there was no mention in the ground that it was on the same day.4.We do not think that there is any substance in the contention. The ground is reasonably specific and there can be no doubt that 23 hrs. mentioned in the ground must be on the same day. Any, reasonable person reading the, ground would, have no difficulty in understanding its content and could make an effective representation on the basis ,of the details given therein