PRESIDENT OF INDIA Vs. SUSHANTA GOSWAMI
LAWS(SC)-1968-12-8
SUPREME COURT OF INDIA (FROM: CALCUTTA)
Decided on
December 17,1968
PRESIDENT OF INDIA
Appellant
VERSUS
SUSHANTA GOSWAMI
Respondents
Referred Judgements :-
DULARKADAS BHATIA V. STATE OF JAMMU AND KASHMIR [RELIED UPON]Cited Judgements :-
V NAGARATHNAMMA VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-1996-7-153] [REFERRED TO]VINITA DATTATRAYA SAMANT VS. COMMISSIONER OF POLICE THANE [LAWS(BOM)-1981-7-28] [REFERRED TO]
DUSMANTA KUMAR DASH VS. STATE OF ORISSA [LAWS(ORI)-1981-12-25] [REFERRED TO]
LABH SINGH VS. STATE [LAWS(DLH)-1982-5-60] [REFERRED TO]
CHITIKESI SHOBA RANI W/O CHITIKESI SADASIVUDU VS. STATE OF TELANGANA [LAWS(APH)-2016-1-12] [REFERRED TO]
TEJRAJ GHAMANDIRAM GOWANI VS. H.N. RAY [LAWS(BOM)-1974-11-18] [REFERRED TO]
TARALA HAZRA VS. DISTRICT MAGISTRATE ANDAMAN [LAWS(CAL)-1982-7-21] [REFERRED TO]
ABDUL RASHEED KHAN ALIAS RASHEED MAMU VS. STATE OF MAHARASHTRA [LAWS(BOM)-1987-2-3] [REFERRED TO]
JAGABANDHU PURANPANDA VS. DIST MAGISTRATE AND ANR [LAWS(ORI)-1990-3-56] [REFERRED]
JAGABANDHU PURANPANDA VS. THE DIST. MAGISTRATE AND ANR. [LAWS(ORI)-1990-4-49] [REFERRED TO]
GUDDU ALIAS UMESH VS. DISTT. MAGISTRATE, INDORE AND OTHERS [LAWS(MPH)-1994-4-92] [REFERRED TO]
R P GOYAL VS. STATE OF KERALA [LAWS(KER)-1973-6-20] [REFERRED TO]
YOGINDRA SINGH VS. STATE OF BIHAR [LAWS(PAT)-1984-2-30] [REFERRED TO]
PREM KAUR VS. STATE OF RAJASTHAN [LAWS(RAJ)-1987-7-70] [REFERRED TO]
TUKUNA VS. STATE OF ORISSA [LAWS(ORI)-1988-6-1] [REFERRED TO]
SAMARESH CHANDRA BOSE SHYAMAL BISWAS DULAL GHANDRA DAS VS. DISTRICT MAGISTRATE BURDWAN:DISTRICT MAGISTRATE BURDWAN:DISTRICT MAGISTRATE BURDWAN [LAWS(SC)-1972-8-30] [DISTINGUISHED]
Y GOWTHAM SIDDARTHA VS. COMMISSIONER OF POLICE and ADDITIONAL DISTRICT MAGISTRATE VIJAYAWADA [LAWS(APH)-1994-10-18] [REFERRED TO]
GOUTAM GOSWAMI VS. DISTRICT MAGISTRATE BIRBHUM [LAWS(CAL)-1972-9-5] [REFERRED TO]
SULEMAN ALIAS CHITRO HAJI SUMAR NIGAMNA VS. STATE OF GUJARAT [LAWS(GJH)-2011-3-32] [REFERRED TO]
GOVIND SHIVSHANKARLAL GUPTA VS. M.G. MUGWE [LAWS(BOM)-1974-10-20] [REFERRED TO]
RAJJAN VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1988-7-3] [REFERRED TO]
STATE OF UTTAR PRADESH VS. HARI SHANKAR TEWARI [LAWS(SC)-1987-2-67] [RELIED ON]
MILAN BANIK VS. STATE OF WEST BENGAL [LAWS(SC)-1974-3-25] [DISTINGUISHED]
AWADH KUMAR SHUKLA VS. SUPERINTENDENT OF CENTRAL JAIL [LAWS(ALL)-1982-11-12] [REFERRED TO. 2.]
SHIVRAJBHAI RAMBHAI VICHHIYA VS. STATE OF GUJARAT [LAWS(GJH)-2020-6-19] [REFERRED TO]
CHANDOO RAM VS. DISTRICT MAGISTRATE [LAWS(J&K)-1974-5-3] [REFERRED TO]
THANGAVADIVEL VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-1992-1-75] [REFERRED TO]
RAMESH VANDHA MODHWADIA VS. STATE OF GUJARAT [LAWS(GJH)-2009-9-366] [REFERRED TO]
YOGINBHAI NITINBHAI PATEL VS. COMMISSIONER OF POLICE [LAWS(GJH)-2012-10-92] [REFERRED TO]
GUTKAN QUERESHI VS. STATE OF RAJASTHAN [LAWS(RAJ)-1988-2-51] [REFERRED TO]
SHIV PARSAD BHATNAGAR VS. STATE OF MADHYA PRADESH [LAWS(SC)-1981-3-44] [FOLLOWED]
HARI RAM VS. STATE [LAWS(RAJ)-1973-11-19] [REFERRED TO]
DHEERU SINGH VS. STATE OF TELANGANA [LAWS(TLNG)-2022-3-83] [REFERRED TO]
JYOTI RANJAN SAMANTRAY VS. STATE OF ORISSA AND ANR. [LAWS(ORI)-1983-4-13] [REFERRED TO]
SUBHAS CHANDRA AWAN VS. DISTRICT MAGISTRATE [LAWS(CAL)-1972-2-31] [REFERRED TO]
JETHA LAHARANG VS. STATE OF WEST BENGAL [LAWS(CAL)-1975-1-28] [REFERRED TO]
MOGANTI SRIHARI RAO VS. COMMISSIONER OF POLICE DISI MAGISTRATE VISAKHAPATNAM [LAWS(APH)-1997-4-114] [REFERRED TO]
MOGANTI SRIHARI RAO VS. COMMISSIONER OF POLICE [LAWS(APH)-1997-4-101] [REFERRED TO]
JUDGEMENT
Grover, J. -
(1.)This is a petition under Article 32 of the Constitution by Sushanta Goswami and 46 others for a writ in the nature of Habeas Corpus challenging the detention of the petitioners under the provisions of the Preventive Detention Act 1950, hereinafter called the "Act".
(2.)Petitioner No. 4 Krishna Mondal and Petitioner No. 21 Madhu Kanjilal are stated to have been released. No orders need be made with regard to them. As regards petitioners Nos. 2, 8, 9, 15, 22, 24, 32, 41 and 47 their matters will be taken up for consideration later as the State has been directed to file further affidavits. We now proceed to dispose of the cases of the other petitioners.
(3.)Petitioner No. 1 (Sushanta Goswami) -This petitioner was detained by an order of the District Magistrate 24 Parganas dated July 30, 1968. His detention was directed underSection3 (2) of the Act on the ground that it was necessary with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. The grounds were supplied to him and he made a representation to the Advisory Board which after hearing the petitioner and considering his representation, expressed its opinion that there was sufficient cause for his detention. Consequently the detention order dated July 30, 1968 was confirmed on September 20, 1968 by the Government of West Bengal. The grounds for detention have been perused by us. According to the first grounds the petitioner had been committing offences of forming unlawful assembly, assaulting the police and peaceful inhabitants snatching away cash and valuables, teasing school girls and criminal intimidation. The instances which were given are seven out of which it is necessary to mention only the following which are typical:
"(ii) That on 14th November, 1966 at 21.15 hrs., you with your associates formed an unlawful assembly on Dum Dum Road in front of the Fire Brigade Office and assaulted Shri Pranab Bose of P-18 Matijheel Avenue and you snatched away a fountain pen worth Rs. 10 from his pocket.
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(vi) That on 18th March, 1968 at 19.30 hrs., you with your associates closely followed Sm. Sipra Kundu (18) from Satgachi crossing an Jessore Road and uttered indecent language towards her, as a result of which she got terrified and ran away to save her modesty." Ground No. II is to the effect that as a result of the petitioner's nefarious activities prejudicial to the maintenance of public order he has become a nuisance to the society and there have been disturbances and confusion in the lives of peaceful citizens of Dum Dum police station and the inhabitants thereof are in constant dread of disturbance of public order.
(2.)Petitioner No. 4 Krishna Mondal and Petitioner No. 21 Madhu Kanjilal are stated to have been released. No orders need be made with regard to them. As regards petitioners Nos. 2, 8, 9, 15, 22, 24, 32, 41 and 47 their matters will be taken up for consideration later as the State has been directed to file further affidavits. We now proceed to dispose of the cases of the other petitioners.
(3.)Petitioner No. 1 (Sushanta Goswami) -This petitioner was detained by an order of the District Magistrate 24 Parganas dated July 30, 1968. His detention was directed underSection3 (2) of the Act on the ground that it was necessary with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. The grounds were supplied to him and he made a representation to the Advisory Board which after hearing the petitioner and considering his representation, expressed its opinion that there was sufficient cause for his detention. Consequently the detention order dated July 30, 1968 was confirmed on September 20, 1968 by the Government of West Bengal. The grounds for detention have been perused by us. According to the first grounds the petitioner had been committing offences of forming unlawful assembly, assaulting the police and peaceful inhabitants snatching away cash and valuables, teasing school girls and criminal intimidation. The instances which were given are seven out of which it is necessary to mention only the following which are typical:
"(ii) That on 14th November, 1966 at 21.15 hrs., you with your associates formed an unlawful assembly on Dum Dum Road in front of the Fire Brigade Office and assaulted Shri Pranab Bose of P-18 Matijheel Avenue and you snatched away a fountain pen worth Rs. 10 from his pocket.
..............................
(vi) That on 18th March, 1968 at 19.30 hrs., you with your associates closely followed Sm. Sipra Kundu (18) from Satgachi crossing an Jessore Road and uttered indecent language towards her, as a result of which she got terrified and ran away to save her modesty." Ground No. II is to the effect that as a result of the petitioner's nefarious activities prejudicial to the maintenance of public order he has become a nuisance to the society and there have been disturbances and confusion in the lives of peaceful citizens of Dum Dum police station and the inhabitants thereof are in constant dread of disturbance of public order.
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