SHEORAJ PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The District Magistrate of Katihar made an order of detention on 7-3-1974 against the petitioner under Section 3 (1) of the Maintenance of Interna1 Security Act, 1971. In pursuance to the said order the petitioner was arrested on 10-3-l974. Grounds of detention were served on him within the time allowed by law. As many as six grounds were served in support of the petitioner's detention. The petitioner made a representation which was rejected. His case was sent to the Advisory Board and on receipt of its opinion the State Government confirmed the order of detention as per their order communicated under Memo No. A-1843-C dated 30-4-1974. By the said order the detention of the petitioner upto 9-3-1975 has been confirmed. In the first instance the petitioner challenged his detention order by filing a writ application in the Patna High Court. It. was dismissed by a Bench of that Court on the 17th July, 1974. The present petition was thereafter filed in this Court under Art. 32 of the Constitution of India challenging the petitioner's detention as illegal and invalid and praying for a writ of habeas corpus for his release.

(2.) A rule nisi was issued to the respondents. A counter has been filed by the District. Magistrate, Katihar.

(3.) Three submissions were made on behalf of the petitioner by Mr. D. N. Sinha, his learned counsel: