- (1.) The petitioner was detained by an order, dated June 4, 1973 under Section 3 of the Maintenance of Internal Security Act, 1971 (to be hereinafter called the Act) by the District Magistrate, Jabalpur, on the ground that it was necessary to do so to prevent him from acting in any manner prejudicial to the maintenance of public order. This detention order was revoked by the State Government in September, 1973 and the petitioner was released from custody.
(2.) On January 25, 1974, he was again arrested by the police under Section 151 of the Code of Criminal Procedure on the ground that he was designing to commit cognizable offences the commission of which could not otherwise be prevented. He was produced before a Magistrate the same day and was remanded to jail custody till January 31, 1974. In the meantime, on January 28, 1974, the District Magistrate, Jabalpur made an order of his detention under Section 3 (1) (a) (ii). It was with 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 would act in furtherance of these prejudicial acts, thereby further seriously endangering maintenance of public order. Hence, with a view to prevent you from acting in such manner, your detention in jail has been considered necessary."
(3.) Particulars of these grounds were given in the Schedule annexed therein. The material part of those particulars reads: "(1) to (5) .............. 6. Soon after your release, you again became busy in organising the students and encouraging and inciting them to commit acts which are highly detrimental to public peace and order. 7. On the night of 10-11-1973, you and your associates gathered a crowd of about 300 students at Police Station Lordganj and created a highly explosive situation by raising provocative and inflammatory slogans and shouting filthy abuses. On the night of 14-11-1973, you and your associates gathered a crowd of about 200 students at Police Station Civil Lines, some of whom were carrying iron rods and sticks. Incited and led by you, they not only shouted provocative and inflammatory slogans and abuses but also threatened violence and arson if the rival students' leaders were not arrested immediately. 8. On the night of 15-12-1973, you and your associates led a crowd of students, which was armed with iron rods and sticks, to the Natraj Hotel near Karam Chand Chowk and caused extensive damage to property there. Thereafter, you and your associates assaulted and grievously injured one Santosh Rahul, belonging to the rival group of students, and as a result an offence under Sections 307/ 147/148/149/506, I. P. C. was registered at Police Station Lordganj and you are now facing prosecution for the aforesaid offence. 9. After the above - mentioned incident, you and your associates tried to pressurise the Administration not to prosecute you all under Section 307, I. P. C. Apart from other tactics, a relay hunger strike was organised from 3-1-1974 to 10-1-1974 in front of the Collector's residence in Pachpedi. Each day provocative and filthy slogans and abuses were shouted and meetings of students were held in which inflammatory speeches were given. This hunger strike was given up on 11-1-l974 when a procession was taken out and a meeting was again held. In this meeting, apart from other provocative and inflammatory utterances, it was openly announced that the Chief Minister would be burnt alive if he comes 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 and 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 Jabalpur 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 a 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, prohibition orders under Section 144, Criminal P. C. had to be imposed and the mob had to be dispersed by use of mild force. Thereafter, there was further trouble in certain parts of the city where smaller crowds collected and indulged in unruly and violent behavior. At Bada Fuwara the situation became more serious and it was with considerable difficulty that control was established after use of tear gas and mild lathi-charge. The anti social elements committed grave acts of damage to public and private property worth about Rs. 30,000/-, caused injuries to 74 persons and even attempted looting of shops. Ultimately, curfew had to be imposed to control the situation. Thus, the incidents of 23rd, January, 1974 caused serious dislocation and disturbance of public peace and order in the city and were occasioned mainly because of the efforts made by you and your associates in this direction. 11. Even after the grave incidents of the 23rd January, 1974, you and your associates have now given a call for 'Band' on the 1st February, 1974. You have also asked the students and people to collect in large numbers at Bada Fuwara at 10.00 A. M. on the 1st February, 1974. This call is in flagrant violation of the prohibitory orders under Section 144, Code of Criminal Procedure. Sd/- Samar Singh District Magistrate, Jabalpur.";