BIKASH CHANDRA SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a petition under Article 32 of the Constitution for an order in the nature of habeas corpus on the ground that the petitioner is illegally detained. The detention order was passed by the District Magistrate, 24 Parganas, on 22-1-1972. It was passed in the exercise of the powers conferred by sub-section (1) r/w sub-section (2) of Section 3 of the Maintenance of Internal Security 1971 (Act 26 of 1971), since the District Magistrate was satisfied that with a view to preventing the petitioner from acting in a manner prejudicial to the maintenance of supplies and services essential to the community it was necessary to detain him.

(2.) The detenu's case (supra) was placed before the Advisory Board on 24-2-1972 and after receiving the opinion of the Advisory Board the State Government confirmed the detention on 29-3-1972. It appears that the petitioner had approached the High Court but his petition was dismissed on 19-6-972. The petitioner has come here under Article 32 of the Constitution by a separate petition.

(3.) The grounds which were communicated to the petitioner are as follows: