RASHID SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Rashid Sk., petitioner has approached this Court through jail for a writ of habeas corpus under Art. 32 of the Constitution.

(2.) Pursuant to the detention order dated January 3, 1972 made by the District Magistrate, Burdwan under S. 3 (1) and (2) of the Maintenance of Internal Security Act, 26 of 1971 (hereinafter called the Act), the petitioner was arrested on January 5, 1972 and detained with a view to "preventing him from acting in any manner prejudicial to the maintenance of supplies and services essential to the community". The grounds of detention were duly served on him at the time of his arrest. The report regarding the detention order had also been duly sent on January 3, 1972 to the State Government, which approved the order of detention on January 6, 1972. The same day the State Government reported that fact to the Central Government in compliance with S. 3 (4) of the Act. The petitioner's case (supra) was placed before the Advisory Board on February 1, 1972, and the Board submitted its report on March 4, 1972. The representation made by the petitioner was received by the Government on February 3, 1972 but the same was considered by it on March 1, 1972. The State Government confirmed the order of detention on March 15, 1972:this confirmation was communicated to the petitioner on March 16, 1972.

(3.) According to the petitioner he had been arrested on December 11, 1971 and kept in police station Hirapur for 12 days whereafter he was transferred to Koiunapur police station where he was kept for 13 days. On January 5, 1972 the detention order under the Act was served on him and he was thereafter detained in Burdwan District Jail. We do not attach any importance to the petitioner's averment that he had been arrested in December, 1971 in connection with some other cases for the simple reason that he was admittedly detained under the impugned detention order with effect from January 5, 1972. His earlier arrest in connection with some other cases cannot render his detention under the order dated January 3, 1972 illegal, if otherwise it does not suffer from any infirmity.