ATIAR RAHMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The District Magistrate of 24 Paraganas made an order on August 24, 1971 that Atiar Rehman petitioner be detained under S. 3 of the Maintenance of Internal Security Act, 1971(Act 26 of 1971) "with a view to preventing him from acting in any manner prejudicial to the maintenance of public order". The detention order was approved by the Government of West Bengal on September 3, 1971. In pursuance of the detention order, the petitioner, who was earlier found to be absconding, was arrested on September 20, 1971. The petitioner thereafter fled the present petition through jail for issuing a writ of habeas corpus.

(2.) The petition was opposed by the State of West Bengal and the affidavit of Shri D. Mukhopadhya, District Magistrate of 24-Parganas was filed in opposition to the petition.

(3.) We have heard Mr. Ram Panjvani, who has argued the case amicus curiae on behalf of the petitioner, and Mr. P. K. Chakravarty on behalf of the respondent State, and are of the opinion that the detention of the petitioner is not in accordance with law as there has been inordinate delay on the part of the State Government in disposing of the petitioner's representation against his detention.