ABDUL MUNNAF Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Abdul Munnaf petitioner was ordered to be detained under Section 3 of the Maintenance of Internal Security Act, 1971 (Act XXVI of 1971) by the District Magistrate, Howrah with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies and services essential to the community. The order for detention was made on March 6, 1972 and in pursuance thereof the petitioner was arrested on March 23, 1972. The petitioner thereupon sent this petition for issue of a writ of habeas corpus through jail.

(2.) Notice of the petition was issued to the State of West Bengal and the affidavit of Shri Sukumar Sen, Deputy Secretary Home (Special) Department, Government of West Bengal has been filed in opposition to the petition.

(3.) We have heard Mr. Sukumar Ghosh, who has argued the case amicus curiae on behalf of the petitioner, and Mr. P. K. Chatterjee on behalf of the State, and are of opinion that the order for the detention of the petitioner should be quashed on the short ground that there was inordinate delay and no proximity in point of time between the alleged prejudicial activity of the petitioner and the order of detention.