MISHRILAL JAIN Vs. DISTRICT MAGISTRATE KAMRUP

JUDGEMENT

(1.) This application filed under Article 32 of the Constitution challenges the validity of an order for detaining the petitioner, passed by the District Magistrate of Kamrup, under Section 3(2)(a) of the Maintenance of Internal Security Act, 1971 on August 30, 1971 and prays for the issue of a writ in the nature of habeas corpus.

(2.) On the conclusion of the hearing of the case on October 7, 1971, we passed the following order: We are satisfied that the order of the District Magistrate, Kamrup, dated August 30, 1971, detaining the petitioner under Section 3(2)(a) of the Maintenance of Internal Security Act, 1971. cannot be sustained and as such the order of detention is set aside and the detenu is directed to be set at liberty forthwith. The grounds for the decision will be given in due course.

(3.) Now we proceed to state the facts and give the grounds of our decision.