AMIYA KUMAR KLARMAKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By his order, dated November 22, 1971, the District Magistrate, Nadia, directed the detention of the petitioner under and by virtue of power conferred upon him by sub-section (1) read with sub-s. (2) of S.3 of the Maintenance of Internal Security Act, 26 of 1971. The order recites that it was issued with a view to prevent the petitioner from acting in any manner prejudicial to the maintenance of public order. Consequent upon the passing of the said order, the petitioner was arrested on December 1, 1971 and he has since then been detained in Dum Dum Central Jail.

(2.) The grounds of detention furnished to the petitioner at the time of his arrest stated as follows:

(3.) As required by the Act, the District Magistrate reported the fact of his having passed the said order to the State Government and that Government approved his said action. The matter was also reported to the Central Government. The petitioner's case was then referred to the Advisory Board. In the meantime the petitioner made his representation which was received by the State Government on January 3, 1972 and was disposed of by that Government on January 25, 1972. The Board gave its opinion after considering the said representation forwarded to it by the Government together with other documents relating to the petitioner's case that there was sufficient cause for the detention. Finally, the State Government passed its order, dated February 18, 1972 confirming the said order and the petitioner's detention thereunder. It would, thus, appear that the relevant authorities under the Act took all steps, consequential to the passing of the said order, as prescribed by the Act.