BHOLA BHUIYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner was detained by an order dated January 14, 1972 passed by the District Magistrate, Burdwan, under the Maintenance of Internal Security Act. 1971. The order purports to have been passed in order to prevent the petitioner from acting in any manner prejudicial to the maintenance of supplies and service essential to the community.

(2.) Learned counsel appearing on behalf of the petitioner contends in this habeas corpus petition that the petitioner is an illiterate person and since the grounds of detention were not explained to him in his own language he was denied an opportunity to make an effective representation against the order of detention. On the last occasion when this matter had come up for hearing the court had asked the respondent, the State of West Bengal, to make an affidavit on the question whether the grounds furnished to the petitioner were explained to him in a language which he could understand. Accordingly, as affidavit has been filed by Mr. S. K. Saha, the Police Inspector, who served the detention were explained to the petitioner. That affidavit shows that the grounds of detention in Hindi which is the language that the petitioner understands. There is therefore no substance in the contention that the order of detention is vitiated on account of non-compliance with the provisions of Art. 22 (5) of the Constitution.

(3.) Accordingly, we confirm the order and discharge the rule.