BINODE HEMBRAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a petition through Jail under Article 32 of the Constitution of India for the issue of a writ of habeas corpus by Binode Hembram, who has been ordered to be detained under sub-section (1) read with sub-section (2) of Section 3 of the Maintenance of Internal Security Act by the District Magistrate Midnapore "with a view to preventing him from acting in any manner prejudicial to the maintenance of public order".

(2.) The petitioner in pursuance of the detention order was arrested on December 29, 1971 and was served with the order of detention as well as the ground of detention together with the vernacular translation thereof. Report about the making of the detention order was sent by the District Magistrate to the State Government along with necessary particulars on December 30, 1971 and the detention order was approved by the Government on January 4, 1972. On January 10, 1972 the State Government received representation from the petitioner. The said representation was rejected by the State Government on February 19, 1972. In the meanwhile, on January 20, 1972 the State Government placed the case of the petitioner before the Advisory Board. The petitioner's representation after being rejected, was also sent to the Advisory Board. The Advisory Board, after considering the material placed before it, sent its report on February 22, 1972. Opinion was expressed by the Board that there was sufficient cause for the petitioner's detention. The order of detention was confirmed by the State Government on March 8, 1972.

(3.) The petition has been resisted by the State Government and the affidavit of Shri Sukumar Sen, Deputy Secretary, Home (Special) Department, Government of West Bengal has been filed in opposition to the petition.