ABDUL AZIZ Vs. DISTRICT MAGISTRATE BURDWAN

JUDGEMENT

(1.) This is a petition under Article 32 of the Constitution for the issue of a writ of habeas corpus for the release of the petitioner.

(2.) On 16th November, 1971 the District Magistrate Burdwan, West Bengal, passed an order under the Maintenance of Internal Security Act, 26 of 1971, that the petitioner be detained "with a view to preventing him from acting in any manner prejudicial to the maintenance of public order". The petitioner was arrested on 17th December 1971 and on the same date the grounds of detention were served on him. The petitioner's case was placed before the Advisory Board on 7th January 1972, his representation was received by the Government on 13th January 1972 and was rejected on 22nd February, 1972.

(3.) Two grounds were furnished to the petitioner in justification of the order of detention. It was stated firstly, that the petitioner and his associates were members of an extremist party (CPI-ML), that on 16th August 1971, they armed themselves with lethal weapons like firearms, choppers and daggers with a view to promoting the cause of their party, that they raided the house of one Durgapada Rudra and murdered him and that the aforesaid incidents created a general sense of insecurity, as a result of which the residents of the locality could not follow their normal avocations for a considerable period. The second ground of detention is that on 22nd May, 1971 the petitioner and his associates raided the house of Smt. Kshetromoni Choudhury Mallick who was staying in that house. This incident is also stated to have created a general sense of insecurity amongst the residents of the locality.