SHAIK HANIF KAMAL SAHA GUDMA MAJHI Vs. STATE OF WEST BENGAL :STATE OF WEST BENGAL :STATE OF WEST BENGAL

JUDGEMENT

(1.) This judgment will dispose of all the three petitions above-mentioned under Article 32 of the Constitution of India. It will be convenient to first take up Writ Petition No. 1679 of 1973.

(2.) The petitioner Shaikh Hanif, aged 40 years, was arrested on February 23, 1973 in pursuance of a detention order, dated February 19, 1973, passed by the District Magistrate, West Dinajpur in West Bengal under sub-section (1) read with sub-section (2) of Section 3 of the Maintenance of Inter Security Act, 1971 (for short, 'the Act'). On February 19, 1973, the District Magistrate reported about his detention to the State Government which approved it on March 1, 1973. The detenu made a representation which was rejected by the State Government on April 5, 1973 and forwarded to the Advisory Board for consideration. The Board reported to the State Government on April 24, 1973 that there was sufficient cause for the detention. Thereupon the Government confirmed the order of detention under S.12 (1) of the Act and directed that the detention of the petitioner would continue "till the expiration of 12 months from the date of his detention or until the expiry of Defence of India Act of 1971 whichever is later".

(3.) The grounds of detention as conveyed to the detenu under S. 8 (1), read as under: