HASAN ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Hasan Ali petitioner was ordered by the District Magistrate Midnapore as per order dated October 11, 1971 to be detained under Section 3 of the Maintenance of Internal Security Act "with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies and services essential to the community." In pursuance of that order, the petitioner was arrested on October 24, 1971 and was served with the order of detention along with the ground of detention together with vernacular translation thereof. The petitioner has approached this Court through jail under Article 32 of the Constitution for issuing a writ of habeas corpus.

(2.) The District Magistrate sent report to the State Government on October 13, 1971 about the making of the detention order together with necessary particulars. The said Government approved the detention order on October 21, 1971. Something after November 10, 1971 the State Government received representation dated November 8, 1971 from the petitioner. The said representation after being considered was rejected by the Government on December 16, 1971. In the meanwhile, on November 11, 1971 the State Government placed the case of the petitioner before the Advisory Board. The representation of the petitioner after being rejected too was sent to the Advisory Board. The Advisory Board, after considering the material placed before it, sent its report to the State Government on December 20, 1971. Opinion was expressed by the Board that there was sufficient cause for the detention of the petitioner. The State Government thereafter confirmed the order for the detention of the petitioner on December 22, 1971.

(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.