KISHORI MOHAN BERA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On September 24, 1971, the District Magistrate, Hooghly, in exercise of the power conferred on him under sub-s. (1) read with sub-section (2) of S. 3 of the Maintenance of Internal Security Act, 1971 (hereinafter referred to as the Act) passed the order impugned in this petition directing the petitioner's detention, being satisfied that it was necessary to do so "with a view to preventing him acting in a manner prejudicial to the maintenance of the public order or security of the State". Pursuant to the order the petitioner was arrested on that very day and detained in Hooghly Jail.

(2.) The grounds of detention served on the petitioner on that occasion were as follows:

(3.) In regard to the language used in the impugned order and the grounds of detention, counsel appearing amicus curiae for the petitioner raised two contentions. One was that the recital in the impugned order that the District Magistrate was satisfied of the necessity of the petitioner's detention to prevent him from acting in a manner prejudicial to "the maintenance of public order or the security of the State" indicated that he had not applied his mind with any seriousness either to the acts alleged in the grounds of detention against the petitioner or to the question whether they fell within the purview of the expression "the security of the State 'or' the maintenance of public order" or both. The other contention was that ground No. 2 in any case was not germane to the concept of either the security of the State or the maintenance of public order, in respect of which alone S. 3 authorised him to direct detention. The impugned order, urged counsel, becomes unsustainable on either of his two contentions.