SUDHIR DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this case, we made a short Order on September 1, 1972 allowing the Writ Petition and quashing the detention order in respect of the petitioner Sudhir Dey and also directing that he be set at liberty forthwith. We now proceed to give reasons for allowing the Writ Petition.

(2.) From the Writ Petition and the counter filed on behalf of the Respondent State, it is clear that the District Magistrate of Burdwan passed the order for the petitioner's detention on 8-12-1971 "with a view to preventing him from acting in a manner prejudicial to the maintenance of public order". This order was made in exercise of the powers conferred on the district Magistrate by sub-sec. (1) read with sub-section (2) of S. 3 of the Maintenance of Internal Security Act No. 26 of 1971 (hereinafter called the Act). The grounds of detention on the basis of which the impugned order was passed are as under:

(3.) These two grounds were considered by the District Magistrate to be separately and collectively sufficient to satisfy him that it was necessary to detain the petitioner with a view to preventing him from acting in a manner prejudicial to the maintenance of public order. The petitioner made a representation to the Government against the order of his detention. This representation was received by the Government on or about January 4, 1972 in its Home Department (Special Section). The said representation was considered and rejected by the State Government on February 17, 1972. The reason for this delay is stated in para 12 of the counter affidavit which reads as: