TULSHI KAHAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a petition under Article 32 of the Constitution for a Writ or Order in the nature of habeas corpus. The petitioner was detained by an order dated 23-11-1972 passed by the District Magistrate, 24-Parganas, in exercise of the powers conferred by sub-section (1) read with sub-section (2) of S. 3 of the Maintenance of Internal Security Act, 1971 since the District Magistrate was satisfied that with a view to prevent 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. The petitioner was arrested on 27-11-1972 and was served with the order of detention and also with the ground of detention together with a vernacular translation thereof on the same day,. The ground of detention is as follows:

(2.) This is the only ground which was communicated to the petitioner.

(3.) It is contended on behalf of the petitioner that the ground referred to above was not the only ground referred to above was not the only ground on which the petitioner had been detained. Para 7 of the affidavit which is filed by the Deputy Secretary on behalf of the District Magistrate, who is not available, goes to show that there were other considerations which weighed with the District Magistrate in making the order. The Deputy Secretary affirm as follows: