FENDAN NAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner in a writ petition under Article 32 of the Constitution challenges the order of detention dated 15 March, 1973.

(2.) The order is:"in exercise of the powers conferred by sub-section (1) read with sub-section (2) of Section 3 of the Maintenance of Internal Security Act "hereinafter referred to as the Act" directing the petitioner to be detained."

(3.) The petitioner challenges the order on the ground that it is the duty of the authority to fix the period of detention after carefully examining the circumstances requiring detention. The petitioner submits that the authorities have bodily lifted the section fixing the maximum period of detention without applying their mind as to the period of detention.