S.O.R. NARESH CHANDRA GANGULI v. THE STATE OF WEST BENGAL AND OTHERS (and connected petition) (B. P. SINHA, JAFER IMAM, J. L. KAPUR, P. B. GAJENDRAGADKAR and K. N. WANCHOO, JJ.) Preventive Detention-Object and ground of such detention-
Distinction·-Ground, Meaning of-Copy of order to be served on detenu-Contents-Preventiw Detention Act, r950 (4 of r950), SS. 3, 7. The appellant was detained under s. 3(1)(a)(ii) of the Pre- ventive Detention Act, 1950. The copy of the grounds of the ~ order of detention served on him stated that he was detained as he had been acting in a way prejudicial to the maintenance of public order as evidenced by the particulars stated in its four paragraphs. Paragraph 1 stated, inter alia, that the appellant had, in a meeting of the refugees vilified the Prime Minister of India for his unsympathetic attitude towards the sufferings of the refugees and gave expression to violent feelings regarding his person while referring to the recent Nehru-Noon Pact; para- graph 2 stated that he called upon the members of his party to build up a strong movement against the implementation of the pact and tried to rouse passion by alleging the Prime Minister had no sympathy for West Bengal; paragraph 3 stated that at another meeting he denounced the pact and stressed the need of forming a militia with the youths of the country for the safety of the people living in border areas and paragraph 4, that he intended to proceed to Delhi on the date mentioned, and was likely to instigate plans endangering the personal safety of the Prime Minister. The High Court, on an application under ss. 491 and 561A of the Code of Criminal Procedure for the issue of a writ of habeas corpus, while upholding the order of detention, held that the said paragraphs were really ·not the grounds of deten- tion but merely pieces of evidence on which the only ground of detention, namely, acting in a manner prejudicial to the mainten- ance of public order, was based, that paragraph 4 was merely an inference of fact having a bearing on the ground of detention. It was contended, inter alia, on appeal that paragraph 4 was
extremely vague and devoid of particulars, and that the allega- tions made had no rational connection with the objects mention- ed in s. 3 of the Act and so he was deprived of his right to make an effective representation. All this was, however, denied on behalf of the State.
Held, that the High Court had overlooked the difference between the objects of d()tention specified in els. (a) and (b) of s. 3(1) of the Act and the statement of facts which constitute the grounds envisaged by s. 7 of th~ Act.
z959 11fay zo I959 Sections 3 and 7 of the Preventive Detention Act, 1950, read together, contemplate that the copy of the order passed by the Nare;h Chandm ·detaining authority under s. 3(2) of the Act to be served on the Ganguli
v. Tlie SloU of West Bengal an& Others Sinha J. detenu should contain, (1) a· preamble reciting in terms one or more of the sub-clauses of els. (a) and (b) of s. 3(1) as its object or objects, (2) the grounds contemplated by s. 7, namely, the conclu- sions of fact, which Jed to the passing of the order' of detention, informing'the detenu as to why he was detained, and (3) parti- culars, if and where necessary, but not those referred to in sub- ss. (3) and (4) of s. 3 of the Act.
In the instant case, however, the error of confusion made by the High Court could not invalidate its order since the grounds of detention, characterised by the High Court as recitals of fact, read together, were in no.way ambiguous, indefinite or irrelevant • to the object of the detention, namely, the maintenance of public order and did not deprive the detenu of his right of representa- tion.
The State of Bombay v. Atma Ram Sridhar Vaidya [1951] S.C.R. 167, considered. Dwarka Das Bhatia v. The State of Jammu Kashmir. [1956] S.C.R. 948, held inapplicable. CRIMINAL APPELLATE
JURISDICTION: Criminal Appeal No. 59 of 1959. Appeal from the judgment and order dated the January 8, 1959, of the Calcutta High Court in Crimi- nal Misc. Case No. 126 of 1958. AND
PETITION No. 51 QF 1959. Petition under Article 32 of the Constitution of India for the enforcement of Fundamental Rights. Veda Vyasa, S. K. Kapur and Ganpat Rai, for the appellant and petitioner.
B. Sen and P. K. Bose, for the respondents. 1959. May 20. The Judgment of the Court was delivered by SINHA J.-This appeal, on a certificate of fitness granted by the Calcutta High Court, is directed against
the order of that Court, dated January, 8, 1959, in Criminal Miscellaneous Case No. 126of1958, refusing to issue a writ in the nature of habeas corpus in respect ')f one Ram Prasad Das (who will hereinafter be refer-
red to as ' the petitioner '). This Court, by an order S.C.R. SUPREME COURT REPOR1'S.~ dated April 20, 1959, directed that the application of the petitioner under Art. 32 of the Constitution, for a
similar writ in respect of the same person, be posted for hearing immediately after the aforesaid criminal appeal, and that it shall not be necessary that the peti- tioner be produced before this Court at the time of the
hearing of the writ petition. Hence, both the matters, relating as they do, to the same subject-matter, have been heard together and will be disposed of by this judgment. It appears that Naresh Chandra Ganguli, an advo-
cate, practisiilg in the Calcutta High Court, made an application under ss. 491 and 561A of the Code of Criminal Procedure, as a frien"d, on behalf on the peti- tioner, in detention in the Dum Dum Central Jail in
24 Parganas, under the orders of the Government of West Bengal. The application was made to the Calcutta High Court on the following allegations: The peti- tioner is the Secretary of the West Be,ngal Committee
of the Bharatiya Jana Sangha, one of the four big political parties, as recognized by the Election Commis- sion of India. On or about October 7, 1958, towards evening, when the petitioner was coming out of the
Basanta Cabin, a tea stall, at the crossing of the College Street and Surya Sen Street, after having addressed a meeting at the College Square, he was stopped on the street by the police and was taken to
the office of the Special Branch (Police) on Lord Sinha Road. From there, he was sent to the Dum Dum Central Jail, where he was served with an order, being Order No. 83 dated October 7, 1958, purporting to have
been made by the Commissioner of Police, Calcutta, under the provisions of the Preventive Detention Act (No. IV, of 1950) (hereinafter referred to as' the Act'). The order is in these terms :-
"ORDER Dated 7-10-58. No.83. Whereas I am satisfied with respect to the person known as Sri Ram Prasad Das, son of late Bepin Behari Das of Village P-S-P Dist. and of 6, Murlidhar Sen Lane, Calcutta that with a view to
preventing him from acting in a manner prejudicial N aresh Chandra Ganguli v. The State of West Bengal antl Others Sin/la J. I959 Naresh Chandra Ganguli v. The State of West Bengal
and Others Sinha]. to the maintenance of Public Order it is necessary .so to do. Now therefore in exercise of the Powers conferred by Section 3(2) of the Preventive Detention Act 1950
(IV qf 1950) I made this order directing that the said Sri Ram Prasp,d Das be detained. Given under my hand and seal of office. Sd/- Illegible, Commissioner of Police, Calcutta." On or about October 8, 1958, the petitioner was served,
in the Dum Dum Central Jail, with a further order, being Order No. 85 dated October 8, 1958, which is as follows: " Government of West Bengal. Office of the Commissioner of Police, Calcutta.
Dated 8-10-58. No. 85. Grounds for detention under clause (ii) of clause (a) of Sub-section (1) of Section 3 of the Preventive Detention Act, 1950 (Act IV of 1950). To Sri Ram Prasad Das S/o Bepin Behari Das, of
6, Muralidhar Sen Lane, Calcutta. You are being detained in pursuance of a deten- tion order made in exercise of power conferred by Section 3(2) (c) of the P.D. Act 1950 (Act IV of 1950)
on the ground that you are acting in a manner pre- judicial to the maintenance of public order, as evidenced by the particular8 given below:- 1. That on 13-9-58 you attended a meeting of
Eastern Indian Refugee Council held at the Refugee office at 6 Murlidhar Sen Lane and vilified Prime Minister of India for his allegedly turning a deaf ear to the untold miseries of the refugees and while
referring to the recent agreement between the Prime Ministers of India and Pakistan you vented feelings of violence against the Prime Minister of India by emphasising that in order to save the refugees and
the territories of the Indian Union, Sri Nehru should be murdered, if necessary and so the need of another Nathuram Godse was felt now. S.C.R. 2. That in course of discussion with members of
your party on 17-9-58 at 6, Murlidhar Sen Lane, you stated that the Indian Prime Minister had made a Present of certain Indian enclaves to Pakistan in pursuance of the policy of appeasement which has
been initiated by the Late Mahatma Gandhi and called upon the members to build up strong move- ment against the implementation of Nehru-Noon Pact. You also tried to rouse passions by alleging
that the Indian Prime Minister had no sympathy for West Bengal. 3. That on 26-9-58 you attended another meeting of the South Durtolla Branch of the Jana Sangha at Jatin Mitter Park, where you denounced the afore-
said agreement between the two Prime Ministers-and stressed the need of forming a militia with the youths of the count.ry for the safety of the people living in border areas and urged all to enrol them-
selves for the said purpose. 4. That you intend to proceed to Delhi on 9-10-58 and that you are likely to instigate plans which may adversely affect the personal security of the Prime
Minister of India. Your action above is bound to result in the main. tenance of public order being prejudicially affected. You are hereby informed that you may make a representation to the State Government against the
detention order and that such representation should be addressed to the Assistant Secy. Home (Special) Department, Government of West Bengal, and for- warded through the Supt. of the Jail in which you
are detained as early as possible. You are also informed that u/s 10 of the P.D. Act 1950 (IV of 1950) the Advisory Board shall, if you desire to be heard hear you in person and that if
you desire to be so heard by the Advisory Board you should intimate such desire in your representation to the State Government. Sd/- Illegible, Commissioner of Police, Calcutta." r959
N aresh Chandra Ganguli v. The State of West Bengal and Others Sinha]. z959 N11resh Chandra Ganguli v. Th• SlaJ• of West Bengal ond Others On or about October 11, 1958, the petitioner was
served with another order which is in these terms : "Government of West Bengal. Home Department, Special Section. Order Calcutta, 11-10-58. No. 1882 H. S. In exercise of the power conferred by Section 3(2)
of the· Preventive Detention Act, 1950 (IV of 1950), the Governor is pleased to approve order No. 83 dated the 7-10-58 made under Section 3(2) of the said Act by the Commissioner of Police, Calcutta
directing that Sri Ram Prasad Das son of Late Bepin.Behari Das of6, lVIurlidhar Sen Lane, Calcutta be detained. By order of the Governor. Sd/- Illegible Dy. Secty. to the Govt. of West Bengal."
The petitioner made a representation in writing against the order of detention aforesaid, denying and refuting the grounds of his detention, set out above. He particularly denied the allegation contained in
ground .No. 1 aforesaid, as totally false, and stated that there was no meeting, as alleged, on September 13, 1958, and that he had not made any speech attri- buted to him in the said ground. He also denied that
he had advocated in any meeting for the formation of a militia, as alleged. But he claimed that he had a right to express his views about the policy of the Govern- ment or the Prime Minister, relating to Pakistan and/
or about Nehru-Noon Pact or similar other Agreements. He denied that he indulged in any violent speeches, or that he tried to rouse passions. His further contention was that the ground No. 4 was extremely vague in the
absence of any particulars about how, where and when and in what manner, he was likely to instigate any plan which was to adversely affect the personal security of the Prime Minister of India, and the nature
or particulars of any such contemplated plan. In his application to the High Court, the petitioner also submitted that the grounds supplied to him, had S.C.R. no rational connection with the objects mentioned in
s. 3 of the Act, and that, therefore, he was deprived of his right to make an effective representation. He also alleged that he was a member of a political party opposed to the party in power, and held definitely
pronounced views about the failure of the Government to tackle the problem of refugees, as also about the relationship between the Government aIJ.d the State of Pakistan. He also claimed to be a leader of the
refugees, and as such, had been relentlessly criticising the policies of the present Government. He further asserted that the order of detention passed against him, was a clear case of political victimisation. He
alleged further that the order of detention, on the face of it, was mala fide, and was a clear infringement of his fundamental right to freedom of speech and asso- ciation, guaranteed by the Constitution.
On November 28, 1958, the petitioner was brought to the Writers' Buildings in Calcutta, and placed before the Advisory Board as constituted under the Act. The petitioner was heard in person by the Advisory Board
on that date, and on the next day, that is, November 29, 1958, after the hearing by the Advisory Board, another order, being order No. 1967 H. S., dated November 29, 1958, made by the Governor of West
Bengal, was issued, confirming the aforesaid order of detention No. 83 dated October 7, 1958, set out above, and continuing the petitioner's detention till the expira- tion of 12 months from the date of detention. On
those allegations, the petitioner submitted to the High Court that the orders aforesaid, relating to his detention in the Dum Dum Central Jail, were "illegal, invalid, ultra Vires, void and inoperative."
An affidavit in opposition, on behalf of the State of West Bengal and other opposite parties, was sworn to by the Commissioner of Police, Calcutta-opposite party No. 3 in the case. In the aforesaid affidavit,
the deponent averrred that he was satisfied on the records and materials placed before him that the petitioner was a person likely to act in a manner prejudicial to the maintenance of public order, and
that with a view to preventing him from doing so, it s~ I959 N aresh Chandra Ganguli v. The State of West Bengal and Others Sinha]. '959 N aresh Chandra GanguH v. The State of West Bengal
and Olhers Sinha]. was necessary to make the order of detention on the grounds mentioned in the Order No. 85 dated October 8, 19.58 (set out above). He also averred that the orders
of detention aforesaid, together with the grounds and all other relevant particulars, were reported by him to the Government of West Bengal, which, after duly considering the same, duly approved of the orders of
detention. It was also stated in the affidavit that the petitioner personally .appeared before the Advisory Board on November 28, 1958, and the Advisory Board, upon a consideration of the records and materials
placed before it, and the representation made by the petitioner, and after hearing the petitioner in person, reported to the Government of West Bengal that in the opinion of the Advisory Board, there was sufficient
cause for the detention of the petitioner. The Com- missioner of Police further stated in the affidavit that he had duly passed and signed the orders of detention after considering the records and materials in respect
of the petitioner, in exercise of the powers conferred under the Act, bona.fide and without any malice what- soever, on being satisfied about the necessity of the said orders of detention. He also stated that he denied
all statements of facts to the contrary, contained in the affidavit in support of the petition, and he under- took to produce the original records in the Court at the hearing. Allegations of victimisation on political
grounds, and that the. order of detention was mala fide a:ti.d in infringement of the fundamental rights of the petitioner, were specifically denied. The matter was heard by a Division Bench of the
Calcutta High Court (Guha Roy and H.K. Sen, JJ.), which, by its order dated January 8, 1958, discharged the Rule. In the course of its judgment, the High Court made the following observations :-
"On a reading of the order however, it is quite clear to us that paragraphs 1, 2, 3 and 4 do not state the grounds of the order. There is only one ground of the order and that is that the petitioner
was acting in a manner prejudicial to the mainte- nance of public order and the remaining paragraphs of the order make it quite clear that what are stated S.C.R. SUPREME COURT REPOR'rS
in paragraphs 1, 2, 3 and 4 constitute different pieces of evidence by which the authority making the order came to the conclusion that the petitioner was acting in a manner prejudicial to the maintenance
of public order and therefore should be detained under the Act." Hence, the High Court, on a construction of s. 3 of the Act, came to the conclusion that the grounds of deten- tion in respect of the petitioner, were not vague, and
that the statement in para. 4 of the detention order No. 85 dated October 8, 1958, quoted above, was not a ground but only a piece of evidence out of several such pieces of evidence on which the ground of deten-
tion was based. It was further pointed out that para. 4 aforesaid, was not by itself a ground of the order, but merely an inference of fact which had some bearing on the ground of the order. The High Court
also pointed out that there was no ambiguity in the recitals, including these in para. 4 aforesaid. In that view of the matter, the order of detention of the peti- 'tioner was upheld, and the Court further held that the
question whether the whole order was bad on the ground that one of th~ grounds was too vague, did not a.rise in the case. The petitioner moved the Calcutta High Court for a certificate that the case was a fit one for appeal to this Court. The Chief Justice of the High Court, delivering
the order of the Division Bench of that Court, granting the necessary certificate, observed that the view of the High Court that para. 4 aforesaid, was not a ground of detention but only one of the items of evidence in
support of the ground, raised a serious question to be determined by this Court, particularly because a view contrary to the one taken by the High Court in the instant case, appeared to have been taken by this Court
and by the Calcutta High Court itself in a number of decisions. That is how this appeal has come to this Court. Besides preferring the aforesaid appeal, the petitioner moved this Court under Art. 32 of the
Constitution, praying for a writ in the nature of habeas corpus, and a Constitution Bench, by its order dated April 20, 1959, directed that this appeal be posted for I959 Nares Ii Chandra
Ganguli v. The Stale of West Bengal and Othe..1 Sinha]. z959 N aresh Chandra Ganguli v. The State of Wesl Bengal and Ot!ie,.s Sinha.]. hearing by a Constitution Bench, on May 11, 1959, on
a cyclostyled paper book, and that the filing of the petition of appeal and the statements of cases be dis- pensed with. The Court further ordered that the application under Art. 32 of the Constitution, be
posted for hearing immediately after the criminal appeal. That is how both the matters have been placed one after the other for hearing before us. The order under appeal takes the view that the
various grounds of detention, are stated in s. 3 (l)(a) (i) (ii) (iii) and (b) of the Act, and that there can be no grounds apart from those. The High Court then, on a reading of the Order No. 85, set out above, has held
that paragraphs 1, 2, 3 and 4 are not the grounds of detention, as contemplated by s. 3 of the Act, but that they only constitute different pieces of evidence by which the authority making the order came to the
conclusion that the petitioner was acting in a manner prejudicial to the maintenance of public order, which was the only ground on which the order of detention in question was founded. The High Court was right
in its literal construction of the order impugned in this case, which proceeds to recite the four numbered paragraphs, preceded by the introductory clause "as evidenced by the particulars given below." But the
case of The State of Bombay v. Atma Ram Sridhar Vaidya('), has laid it down that cl. (5) of Art. 22 of the Constitution, confers two distinct though inter- related rights on the petitioner, namely, (I) the right
to be informed of the grounds on which the order of detention has been made, and (2) the right to be en- abled, at the earliest opportunity, to make a represen- tation against the order. This Court further pointed
out in that case, that the grounds which have a ratio- nal connection with the objects mentioned in s. 3, have to be supplied. As soon as that is done, the first condition of a valid detention is complied with. The
second condition of such a detention is fulfilled only after the detenu has been supplied with such inform- ation as will enable him to make a representation. If the information supplied in order to enable a detenu
(1) (1951) S.C.R. 167. S.C.R. to make a represention, rloes not contain sufficient particulars, the detenu is entitled to ask for further particulars which will enable him to make a represen-
tation. Therefore, if there is an infringement of either of the two rights, and any one of the two conditions precedent to a valid detention, as aforesaid, has not been fulfilled, the detenu has a right to approach this
Court for a writ in the nature of habeas corpus. In other words, the grounds for making an order of detention, which have to be communicated to the detenu as soon as practicable, are conclusions of facts,
and are not a complete recital of all the relevant facts. Therefore, the grounds, that is to say, those conclu- sions of facts, must be in existence when the order of detention is made, and those conclusions of facts have
to be communicated to the detenu as soon as may be. This Court, and naturally, the High. Courts, have treated the recitals in the orders of detention, with particular reference to the several clauses and sub-clau-
ses of s. 3 (1) (a) and (b) of the Act, as stating the object to be achieved in making the order of detention. The order of detention may also contain recitals of facts upon which it is based. If the order of deten-
tion also contains the recitals of facts upon which it is founded, no further question arises, but if it does not contain the recitals of facts which form the basis of the conclusions of fact, justifying the order of deten-
tion, then, as soon as may be (now, under s. 7, within a maximum period of five days from the date of detention), the person detained has to be informed of those facts which are the basic facts or the reasons on
which the order of detention has been made. Section 3 of the Act requires the authority making ~n order of detention, to state the fact of its satisfaction that it is necessary to make the order of detention of a parti-
cular person, with a view to preventing him from acting in a manner prejudicial to one or more of the objects contained in clauses and sub-clauses of s. 3 (1) (a) and (b) of the Act. Section 7 requires that the
person detained should be communicated the grbunds on which the order of detention has been made, so as to afford him the earliest opportunity to make a z959 N aresh Chandra Ganguli
v. The Stale of West Bengal and Others Sinha]. z959 N aresh Chandra Ganguli v. The State of West Bengal and Others Sinha]. representation against the order, to the appropriate Government. The statement of facts contemplated
by s. 7, would, thus, constitute the grounds, and not the matters contained in one or more of the clauses and sub-clauses under s. 3 (1) (a) and (b) of the Act. Section 3 also requires that when an order of detention
has been made, the State Government concerned has to be apprised of the order of detention as also of the grounds on which the order of detention has been made, together with such other particulars as have a
bearing on the order and the grounds. And finally, after the order has been approved by the State Government, that Government, in its turn, has to report to the Central Government the fact of the
detention, together with the grounds on which the order of detention had been made ; and such other particulars as, in the opinion of the State Govern- ment, have a bearing on the necessity for the order.
Thus, on a consideration of the provisioi:is of ss. 3 and 7 of the Act, it may be observed that the detenu has to be served with a copy of the order passed by the authority contemplated by sub-s. (2) of s. 3, containing,
firstly, recitals in terms of one or more of the sub- clauses of cl. (a) and (b) of s. 3(1), which we may call the 'preamble', and secondly, the grounds contem- plated by s. 7, namely, the conclusions of fact which
have led to the passing of the order of detention, informing the detenu as to why he was being detained. If the grounds do not contain all the particulars necessary for enabling the detenu to make
his representation against the order of his detention, he may ask for further particulars of the facts, an<;i the authority which passed the order of detention is expected to furnish all that information, subject, of
course, to the provisions of sub-s. (2) of s. 7 ; that is to say, the person detained shall not be entitled to the disclosure of such facts as the authority making the order, considers against public interest to disclose.
Thus, the order of detention to be served upon the persol'I. detained would usually consist of the first two parts, namely, the preamble and the grounds, but it may also consist of the third part, namely, the
S.C.R. particulars, if and when they are required or found to be necessary. But it has to be noted that the particulars referred to in sub-ss. (3) and (4) of s. 3, would not be identical with the particulars which we have called the
third part of the order. The State Government, as also the Central Government, would, naturally, be placed in possession of all the relevant facts and particulars on which the order of detention has been passed. But
those particulars may ·contain such details of facts as may not be communicated, in public interest, to the person detained. From what has been said above, it is clear that the High Court was in error in so far as it treated what we
have called 'the preamble' as the grounds of detention contemplated by s. 7 of the Act. But this error, as will presently appear, has not affected the legality, propriety or correctness of the order passed by the
High Court in the habeas corpus proceedings before it. The High Court, as already indicated, after making those observations which we have held to be erroneous, proceeded further to say that there was no ambiguity
in the recitals of facts, as the High Court characterised them and which we have called the grounds. The contention raised before the High Court has been repeated before us, that the grounds contained in
para. 4, are vague and indefinite, not enabling the person detained to make his representation. It will appear from the paragraph aforesaid that the peti- tioner intended to proceed to Delhi on October 9, 1958,
with a view to instigating plans against the personal security of the Prime Minister. It is clear that the place, date and purpose of the planned nefarious activity, have all been stated as clearly as could be
expected. But it was argued that it was also necessary to state the details of the plan to be hatched in Delhi. There are several answers to this contention. Para- graph 4 has reference to something which was appre-
hended but lay in the womb of the future. From the nature of the fact that it was not an event which had already.happened but what was apprehended to be in the contemplation of the detenu and his associates, if
any, no .further details of the plan could possibly be I959 N aresh Chandra Ganguli v. The Slate of West Bengal and Others Sinha]. I959 N aresh Chandra Ganguli v. The Slate of West Bengal
and Othets Sinha]. disclosed. As was observed in the decision of this Coul'.t in The State of Bombay v. Atma Ram Sridhar Vaidya(') (at pp. 184 and 185), vagueness is a. relative term. Its meaning must vary with the facts and
circumstances of each case. What may be said to be vague in one case, may not be so in another, and it could not be asserted as a general rule that a ground is necessarily vague if the only answer of the detained
person can be to deny it. If the statement of facts is capable of being clearly understood and is sufficiently definite to enable the detained person to make his representation, it cannot be said that it is vague.
Further, it cannot be denied that particulars of what has taken place, can be more definitely stated than those of events which are yet in the offing. In the very nature of things, the main object of the Act is to
prevent persons from doing something which comes within the purview of any one of the sub-clauses of cl. (a) of s. 3(1) of.the Act. It was next contended that some of the grounds at
least are irrelevant. This was not said of the first paragraph of the grounds, set out above. It was said of paragraphs 2, 3 and 4 that they are irrelevant to the main object of the order of detention, namely, the
"maintenance of public order" In our opinion, there is no substance in this contention either. All the statements in the four paragraphs of the grounds, which have to be read together as being parts of a
connected whole, calling upon persons to "build up strong movement against the implementation of Nehru-Noon Pact", and to "rouse passions by alleging that the Indian Prime Minister had no sympathy for
West Bengal", cannot be said to be wholly unconnected with the maintenance of public order. Similarly, denouncing the agreement between the two Prime Ministers and stressing the need of forming a militia
with the youths of the country, cannot be said to have no repercussions on the maintenance 'of public order. And lastly, any instigation against the personal safety of the Prime Minister of India cannot but have
a deleterious effect on the maintenance of public ordt>r. (r) (r95r) S.C.R. r67. S.C.R. It was sought to be argued that any weak link in the chain of facts and circumstances, said to have been
the basis of the order of detention, would affect the legality of the whole order. This argument postulates that there are many grounds which are either vague or irrelevant. In this connection, particular reliance was
placed on the observations of this Court in Dwarka Dass Bhatia v. The State of Jammu and Kashmir (1), to the effect that if some of the reasons on which the order of detention had been based, are found to be
non-existent or irrelevant, the Court ought to quash the order, because it is not in a position to know which of the reasons or the grounds, had operated on the mind of the authorities 'Concerned, when they decided
the pass the impugned order. As already pointed out, no such situation arises in this case, because, in our opinion, none of the grounds is either vague or irrelev- ant. It may also be pointed out that the ground of
irrelevance was not urged before the High Ofrurt, but even so, we allowed the petitioner's counsel to urge that ground before us, and having heard him on that aspect of the matter, we have no doubt that there is
no justification for the contention that any of the matters taken into consideration by the authorities concerned in the matter of the detention of the peti- tioner, was irrelevant.
For the :ceasons given above, it must be held that there is no merit in this appeal or in the application under Art. 32 of the Constitution. They a.re, accord- ingly, dismissed. Appeal and applicatian dismissed.
(1) (1956) S.C.R. 948. I959 N aresh Chandra Ganguli v. The Stall of West Ben1al and Others Sinha].