CHINA MALL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This petition reached hearing before us on October 4, 1972. After hearing the parties we came to the conclusion that the order impugned herein and the petitioner's detention thereunder cannot be sustained. We, therefore, ordered the immediate release of the petitioner and said that we would give our reasons for the order later on. We now set out those reasons.

(2.) By this order, dated November 2, 1971 the District Magistrate, Burdwan directed the detention of the petitioner under the Maintenance of Internal Security Act, 26 of 1971, on the ground that such detention was necessary with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. Consequent upon the passing of the order the petitioner was arrested and lodged in jail.

(3.) The ground for detention served on the petitioner was as follows: