ASGAR ALI Vs. DISTRICT MAGISTRATE BURDWAN

JUDGEMENT

(1.) This is a petition under Article 32 of the Constitution by Asgar Ali for a writ of habeas corpus. The respondents impleaded in the petition are the District Magistrate Burdwan, the Superintendent Burdwan Jail and the State of West bengal.

(2.) The District Magistrate Burdwan passed an order on February 7, 1972, under Section 3 of the Maintenance of Internal Security Act, 1971 (Act 26 of 1971) for the detention of the petitioner with a view to prevent him from acting in any manner prejudicial to the maintenance of supplies and services essential to the community. The petitioner in pursuance of the detention order was taken into custody on February 11, 1972. Report about the passing of the detention order was sent by the District Magistrate of the State Government and the said Government approved the detention order on February 18, 1972. On March 8, 1972, the State Government placed the case of the petitioner before the Advisory Board. The State Government received a representation from the petitioner against his detention on March 16, 1972. The said representation after being considered was rejected by the Government on March 29, 1972. The representation was thereafter forwarded to the Advisory Board. The Advisory Board after considering the material placed before it sent a report on April 19, 1972, to the State Government. Opinion was expressed by the Board that there was sufficient cause for the detention of the petitioner. The State Government thereafter on May 10, 1972, confirmed the order for the detention of the petitioner.

(3.) The affidavit of Shri Sukumar Sen, Deputy Secretary, Home (Special) Department, Government of West Bengal has been filed in opposition to the petition.