Case: Binod Bihari Mahato Vs. State of Bihar &amp; Others

The case of the petitioner is that he is a prominent public figure in that District of Dhanbad and he has been Pramukh of Baliapur Anchal since the last about ten years and Vice-Chairman of Zila Parishad, Dhanbad since about four years. He has been associated with numerous social educational and political institutions in the District of Dhanbad and he is engaged in diverse activities calculated to bring about social and economic uplift of down-trodden people of Dhanbad District. The 16th Annual Convention of Bihar Rajya Panchayat Parishad was scheduled to be held at Gosaidih in Dhanbad District on 16th March, 1974 and the petitioner was the Chairman of the Reception Committee. The ruling party was very much concerned about the growing popularity of the petitioner with the backward classes, and therefore, with a view to undermining his position, the ruling party chose this particular time when the 16th Annual Convention of the Bihar Panchayat Parishad was shortly due to be held and got a false case instituted against the petitioner at P.S. Tundi. The petitioner was arrested at Dhanbad on 16th March, 1974 and after being produced before the sub-Divisional Magistrate, he was taken to Bhagalpur Central Jail from Dhanbad. On March 11, 1974 the petitioner made an application to the Sub-Divisional Magistrate for being released on bail but no immediate order was passed on that application and the petitioner was, therefore, constrained to move the Sessions Judge for bail on 14th March, 1974. The Sessions Judge granted bail to the petitioner and on the bonds being verified and accepted by the Sub-Divisional Magistrate, an order dated 18th March, 1974 was passed for release of the petitioner. On the same day, that is 18th March, 1974, the district Magistrate, Dhanbad passed an order detaining the petitioner under Section 3 of the Act on the ground that it was necessary to do so with a view to preventing the petitioner from acting in any manner prejudicial to the maintenance of public order. The order of detention was in Hindi, which is the official language of the State of Bihar but there was also an English version of the order of detention. There was no material difference between the Hindi and English versions of the order of detention. Pursuant to the order of detention, the petitioner was arrested on 21 st March, 1974 as soon as he was released on bail in compliance with the order of release passed by the Sub-Divisional Magistrate and at the time of his arrest the Hindi as well as English versions of the order of detention were served on him together with the grounds of detention which were also in Hindi and English version. The Hindi version, as translated in English, set out the following grounds of detention:"1. He has been propagating communal hatred between Adibasis and outsiders (Biharis) and between Adibasis and non-Adibasis of quite some time. he has been instigating the Adibasis to take up arms laws in their own hands in serveal speeches and otherwise. As a result of these instigation and incitements, public order has been disturbed several times at several places. It would not be possible to give details of such instances, but as illustration, a few of them are given below:2. On 25-2-1973, at Katra Ceramic Factory Tiatnar P. S. Katras, District Dhanbad, he instigated the employees of the said ceramic factory to remove the outsiders (Biharis) by force from the employment of the factory and in consequence of the said abetment. 200 persons, armed with deadly weapons like lathi, grasa etc, took out a procession and attacked the shop of one Ram Kripal Dubey and assaulted him and his father by means of lathi and grasa, and also damaged the factory and immediately thereafter the violent processionists attacked the residential quarters situated in the factory premises and assaulted the inmates and thereby committed acts prejudicial to the maintenance of public order;3. On 29-8-1973, in the Railway Football Maidan, Gomoh P.S. Topchanchi District Dhanbad, in course of public speech, he asked the people to take law in their own hands by speakingApna Faisla Ap Karo, Pahle Ghero Karo Fir Mukka Lath Se Maro, Fir Lathi Chhalao, Uspar Vi Nahin Sunte Hai To Sar Kat Lo Similarly, on 3-11-1973, at the said place, he in a pubic meeting organised by Chotanagpur-Santhal Paragraph Alag Raj Nirman Samity" insitigated the local adivasis and harijans to capture the lands purchased by the non-Adibasis by means of force and to harvest the standing paddy crops therefrom. Again on 4-2-1974. in Golf Ground, Dhanbad, P.S. and District Dhanbad, in a meeting of Adibasis organised by Jharkhand Party he instigated the people to take the law in their own hands and to disturb the public peace by uttering "Agar Aaz Hame Koi Hat Dikhaegae To Uska Hat Kat Lenge, Aur Angali Dikhaega To Angali Kat Lenge and thereby committed acts prejudicial to the maintenance of public order;4. On 1-11-1973, at village Marchakocha and Mahatotand P. S. Topchanchi District Dhanbad in consequence of instigation given by him and his co-associates, namely Gopal Chandra Munshi, Sriram Manjhi, Rashiklal Majhi, Shibu Soren and others in village Marcha-kocha in the preceding night, Jhari Manjhi, Buddhu Manjhi and others, belonging to Shivaji Samaj forcibly took away the standing paddy crops from plot No. 383 in village Marchakocha and plot No. 340 in village Mahatotand belonging to one Ram Anand Singh; and grown by him, and thus committed acts prejudicial to the maintenance of public order;5. On 3-3-1974, at village Singdhi, P. S. Topchanchi, District Dhanbad, he instigated the local Adivasis and Harijans in a public meeting convened by " Jharkhand Alag Raj Nirman Samiti" to capture the lands of non-Adibasis by means of force and violence and so in consequence of the said instigation immediately thereafter the Adivasis and Harijans, numbering about 4,000, took out a procession being armed with deadly weapons, under his leadership and on way, in between Singdih and Amalkhori damaged a motor car bearing No. BNW 9981 and thus committed acts prejudicial to the maintenance of public order;6. On 4-3-1974, at village Dumanda, P.S. Tundi, District Dhanbad, he organised a meeting of the Manjhis (Adibasis) and instigated them to loot the properties of Dikus (non-Adibasis) namely, Joy Jarayan Choudhary of village Duragadih, C. Chopra, Ismail Mia and others and in consequence of the said abetment on 5-3-74, at about 1.30 p.m. 500 persons, armed with deadly weapons like bows and arrows, bhalla, farsha, lathi, etc. form an unlawful assembly with the common object of looting the properties of Dikus and forcibly removing them from there, and in prosecution of the said common object surrounded the house of Joy Narayan Choudhury in village Durgadih, P.S. Tundi; District Dhanbad, and started pelting brickbats and shooting arrows as a result of which Ganga Bishnu Prasad and Girdhari Rai sustained injuries and thereafter set fire to the house of said Joy Narayan Choudhury and thus committed acts prejudicial to the maintenance of public order."Then the Hindi version proceeding to recite the satisfaction of the District Magistrate that in the circumstances he was satisfied that if the petitioner "is allowed to remain at large, he will indulge in activities prejudicial to the maintenance of public order" and for prevention of such activities he considered the detention of the petitioner necessary. The English version also gave the same grounds of detention but the satisfaction of the District Magistrate recited in the English version was a little different. It stated that the District Magistrate was satisfied that if the petitioner "is allowed to remain at large he will indulge in activities prejudicial to the maintenance of public order or security of the State" and for prevention of such activities he considered the detention of the petitioner necessary. The words "or security of the State" were added in the recital of the satisfaction in the English version though they were absent in the Hindi version. The petitioner made an elaborate and exhaustive representation to the State Government against the order of detention in an attempt to answer the ground on which the order of detention was based, but this representation was rejected by the State Government on 24th April, 1974. In the meantime the case of the petitioner was placed by the State Government before the Advisory Board and the representation of the petitioner was also forwarded to the Advisory Board for its consideration. The Advisory Board gave an opportunity to the petitioner to be personally heard and after considering all the facts and circumstances of the case gave its opinion on 2nd may, 1974 that there was sufficient cause for the detention of the petitioner. The State Government thereafter confirmed the order of detention on 11th May, 1974. This detention order was challenged by the petitioner by filing a petition under Article 226 of the Constitution in the High Court of Judicature at Patna. But a Division Bench of the High Court did not find any infirmity in the detention and by an order 14th May, 1974 rejected the petition. The petitioner thereupon filed the present petition in this Court under Article 32 of the Constitution challenging the validity of his detention on various grounds.

Reasoning:
It is only in the English version of the grounds of detention that we find the words "security of the State" added in the recital of the satisfaction of the District Magistrate. That is obviously the result of inadvertence and no argument can be founded upon it. In the first place, Hindi being the official language of the State, it is the Hindi version of the grounds of detention which must be regarded as authentic and the validity of the detention must be judged with reference to the Hindi version of the grounds of detention and not the English version. Secondly, even if we confine ourselves to the English version of the grounds of detention, it is clear that at the end of each of the grounds it is stated in so many words that the acts of the petitioner were prejudicial to the maintenance of public order and there is no reference there to prejudice to the security of the State and it is only in the conclusion based on these acts that we find a recital of the satisfaction that if the petitioner is allowed to remain at large, he would indulge in activities prejudicial to the maintenance of public orderorthe security of the State. The words "or the security of the State" are obviously incongruous in the context. They do not fit in with the conclusion drawn at the end of each of the grounds which is confined only to the maintenance of public order and nothing more. There can be no doubt that these words have crept in the English version of the grounds of detention through some mistake. We cannot invalidate the order of detention on the basis of such an obvious error, ignoring the order of detention in both its Hindi and English versions, the Hindi version of the grounds of detention and the totality of the context so far as the English version is concerned5. It was then contended on behalf of the petitioner that the instance set out in ground (2) could not be regarded as one where communal hatred was propagated by the petitioner either between Advasis and outsiders or between Adivasis and non-Adivasis and it did not, therefore, justify the inference set out in ground (1). But this contention is also futile, because it is clear from the instance as narrated in ground (2) that the petitioner instigated the employees of Katras Ceramic Factory to remove the outsiders (Biharis) by force from the employment of that factory, and in consequence of this instigation, violence was committed by 200 persons armed with deadly weapons like lathis, bhalas etc. and if this could not be regarded as propagation of communal hatred between Advasis and outsiders (Biharis), we fail to see what other instance can be so branded. This incident also had direct nexus with maintenance of public order6. The petitioner also contended that the instance set out in ground (4) was an instance involving removal of paddy crops from two plots of land in villages Marchakocha and Mahatotund and that could have no relation to maintenance of public order. But it must be remembered that this instance does not stand in isolation. It is a part of a series of instances set out in grounds (2), (3), (5) and (6) and if it is viewed in the context of these other instances, it is clear that it is not a localised instance affecting merely maintenance of law and order but a part of series of acts affecting maintenance of public order7. The last ground urged on behalf of the petitioner was that paragraphs 5 and 7 of the affidavit filed by Miss Sunila Dayal, Deputy Secretary to Government of Bihar, Home Department, in reply to the petitioner showed that there were various other materials in regard to the petitioner which were taken into account by the District Magistrate in arriving at his subjective satisfaction and since no opportunity was given to the petitioner to make an effective representation in regard to such materials, the order of detention was bad. This ground is also untenable. It is true that various statements in regard to the activities of the petitioner were made in paragraphs 5 and 7 of the counter-affidavit of Miss Sunila Dayal but these were obviously intended to repeal the allegations of the petitioner that he was a dedicated social and public worker devoted to the uplift of the backward and down trodden classes. They were not set out as facts taken into account by the District Magistrate for the purpose of arriving at his subjective satisfaction in regard to the necessity of the detention of the petitioner. Miss Sunila Dayal did not state anywhere in her counter-affidavit that these facts weighed with the District Magistrate in reaching the requisite satisfaction. In fact, the District Magistrate himself had made an affidavit in reply to the petition filed by the petitioner in the High Court of Patna and in that affidavit, he did not refer to any of these facts as having been taken into account by him in passing the order of detention. This ground must also, therefore, fail.