SAMBHU NATH SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) At all material times the petitioner was an employee of the Government of West Bengal in the Collectorate of Hooghly District. He was arrested on January 29, 1972 pursuant to the order of detention dated January 25, l972 passed by the District Magistrate, Hooghly under Section 3 (2) read with S. 3 (1) of the Maintenance of Internal Security Act, 26 of 1971. The said order was passed "with a view to preventing him from acting. in any manner prejudicial to the maintenance of public order". He was served with the grounds of detention on that very day. The said grounds of detention were in connection with certain incidents alleged to have taken place on April 25, 1971, September 14, 1971, October 12, 1971 and January 19, 1972, as set out therein.

(2.) Before the said order was issued, the petitioner and six others, also Government employees in Hooghly Collectorate, were prosecuted for their alleged parts in the first two incidents on the basis of the first information report dated September 14, 1971 under Sections 143/506 of the Penal Code. On March 29, 1972 they were discharged by the Magistrate on a final report of the police dated March 10, 1972. Pursuant to the said order of detention, the petitioner was detained and is still in Hooghly jail.

(3.) The mother of the petitioner thereafter filed an application No. 318 of 1972 in the High Court of Calcutta under Section 491 of the Code of Criminal Procedure. In that application the petitioner's detention was challenged only on two grounds, namely, vagueness of the grounds of detention and their irrelevance. On May 29, 1972, the High Court dismissed the said application. The present petition is more comprehensive and for the first time challenges the validity of several provisions of the Act.