HABIBULLAH KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By this petition under Article 32 of the Constitution the petitioner challenges the validity of an order of detention dated May 5, 1973 passed by the District Magistrate, 24-Parganas. On the same day that the order was passed, the petitioner was arrested in pursuance of detention order and the grounds were served on him. The detention was reported to the State Government on May 9, it was approved by the State Government on May 14 and on the same day a report in behalf of the petitioner's detention was submitted to the Central Government. The petitioner's representation was received by the State Government on May 29, it was considered on June 1 and on the very next day the matter was placed before the Advisory Board. The Board gave its decision on June 28 and the order of detention was confirmed by the Government on July 30. The communication in regard to the confirmation of the detention order was received by the petitioner on August. 14.

(2.) The order of detention was passed under Section 3 (1) (a) (iii) of the Maintenance of Internal Security Act, 1971 on the ground that the petitioner was acting in a manner prejudicial to the maintenance of supplies and services essential to the community. The order is based on the allegation that on April, 22, 1973 the petitioner, along with his associates, had cut the over-head return conductor wire in between two railway stations on the Sealdah-Diamond Harbour Section of the Eastern Railway and had committed theft of the wire causing complete dislocation of train services in the particular section.

(3.) Learned counsel appearing on behalf of the petitioner contends that the detaining authority has displayed utter callousness in regard to the petitioner's detention and has approached the duties imposed on him by law in a casual manner. This argument is founded on the following facts: