DURGA PADA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a petition by Durga Pada Ghosh under Art. 32 of the Constitution praying for a writ in the nature of habeas corpus on the ground that the order of detention made against him under the Maintenance of Internal Security Act 26 of 1971 (hereinafter called the Act) is void and unconstitutional.

(2.) The detention order in this case was made by the District Magistrate, Burdwan on December 10, 1971 under sub-ss. (1) and (2) of S. 3 of the Act. The unlawful activities in which the petitioner was alleged to have been indulging are stated in the order of detention as follows:

(3.) Though the petitioner by means of his application dated July 15, 1972 desired to raise some additional grounds challenging the constitutional validity of the Act, at the time of arguments this challenge was not pressed before us. The only ground on which emphasis was laid by Shri Ram Panjwani, the learned advocate appearing as amicus curiae, was that the representation made by the petitioner was considered by the State Government after inordinate delay and, therefore, his detention must be considered to have become illegal entitling the petitioner to be released forthwith. The delay contended to be inordinate was between January 4, 1972, the date of receipt of the petitioner's representation, and February 12, 1972, when the representation was considered by the State Government.