BIMAL GHANDRA DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Bimal Chandra Dutta petitioner was ordered by the District Magistrate Burdwan 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 public order".

(2.) In pursuance of that order the petitioner was arrested on 4-12-1971 and was served with the order of detention as well as the ground of detention together with vernacular translation thereof. The petitioner thereafter approached this Court through jail under Art. 32 of the Constitution for issuing a writ of habeas corpus. When the petition came up for hearing before us on July 28, 1972, we directed that for reasons to be given later, the petitioner should be set at liberty. We now set out those reasons.

(3.) The order of detention of the petitioner was approved by the State Government on October 21, 1970. On December 15, 1971 the State Government in its Home Department, Special Section, received a representation from the petitioner. The said representation was rejected by the Government on February 4, 1972. In the mean while, on December 31, 1971 the case of the petitioner was placed 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 and after hearing the petitioner in person, submitted its report to the State Government on February 9, 1972. Opinion was expressed by the Board that there was sufficient cause for the detention of the petitioner. On February 23, 1972 the State Government confirmed the order for the detention of the petitioner.