NOOR CHAND SHEIKH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this petition under Article 32 of the Constitution, the petitioner questions the validity of his detention under the Maintenance of Internal Security Act 1971. He was arrested on July 14, 1972 on strength of order made on the previous day by the District Magistrate, Malda, West Bengal, in exercise of the power conferred by sub-section (1) read with sub-section (2) of S.3 of the said Act. The order directing the petitioner to be detained said that the District Magistrate Malda, was satisfied that it was necessary so to do with a view to preventing him from acting in a manner prejudicial to the maintenance of supplies and services essential to the community. The grounds of detention served on the petitioner mention the following particulars which apparently satisfied the detaining authority that it was necessary to take the petitioner into preventive custody.

(2.) In the petition the petitioner has denied the allegations against him. He states in paragraph 3 of the petition that the Malda police arrested him on some criminal charge and produced him before the Sub-Divisional Judicial Magistrate, Malda, but as the local police failed to produce any material or witness against him, he was discharged and that the detention order is based on the same allegations. He submits that the detaining authority had acted "mechanically" and had not considered the "merit of the case"

(3.) The affidavit-in-opposition filed on behealf of the respondent, State of West Bengal, in answer to the Rule Nisi issued on the petition, has been affirmed not by the District Magistrate, Malda on whose satisfaction the order of detention was based but by the Deputy Secretary, Home (Special) Department, Government of West Bengal. It is stated that the District Magistrate was "not available for affirming the affidavit" as he was "very busy and preoccupied with maintenance of law and order situation" in the district of Malda. With reference to what the petitioner has said in paragraph 3 of the petition, it is stated in paragraph 6 of the affidavit-in-opposition that in respect of the two grounds of detention, two criminal cases were started in the Court of the Sub-Divisional Judicial Magistrate, Malda, on July 3 and July 6, 1972 under Section 147/461/379 and Section 461/511 respectively of the Indian Penal Code and that the "investigating officer who was in charge of the matter" had informed the dependent that as" no person was willing to give evidence against the petitioner in open court, the petitioner was discharged from the said cases."