S K IBRAHIM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The District Magistrate of Hooghly passed an order on May, 9, 1973 under sub-section (1) read with sub-section (2) of Section 3 of the Maintenance of Internal Security Act, 1971 (Act No. 26 of 1971) for the detention of the petitioner with a view to prevent him from acting in any manner prejudicial to the maintenance of supplies and services essential to the community. In pursuance of the detention order, the petitioner was arrested on May, 14, 1973 and was served with the order of detention as also the grounds of detention together with vernacular translation thereof. Report about the making of the detention order was sent by the District Magistrate to the State Government and the said Government approved the detention order on May, 18, 1973. The case of the petitioner was placed before the Advisory Board by the State Government on June 5, 1973. The petitioner sent a representation against his detention and the same was received by the State Government on June 2, 1973. The State Government rejected the representation on June 4, 1973 and forwarded the same to the Advisory Board. The Advisory Board after considering the representation and hearing the petitioner in person made report to the State Government on July 11, 1973. Opinion was expressed by the Board that there was sufficient cause for the detention of the petitioner. Only July 30, 1973 the State Government confirmed the order for the detention of the petitioner.

(2.) The petitioner in the meantime filed petition under Section 491 of the Code of Criminal Procedure before the Calcutta high Court. The said petition was heard by a Division Bench of the High Court and was dismissed as per judgment dated July 4, 1973. The present petition under Art. 32 of the Constitution was thereafter sent by the petitioner from jail on July 23, 1973 for the issue of a writ of habeas corpus.

(3.) The petition has been resisted by the State of West Bengal and the affidavit of Shri Sukumar Sen, Deputy Secretary, Home (Special) Department has been filed in opposition to the petition. Arguments have been addressed before us by Mr. S. C. Majumdar amicus curiae and Mr. Sukumar Ghosh for the State of West Bengal. Mr. Majumdar has assailed the detention of the petitioner on three grounds.