KRISHNA LAL DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner, a citizen of India, has filed this Habeas Corpus petition challenging the order of his detention, dated 24-11-1972, passed under Section 5 clause (a) of Maintenance of Internal Security Act, 1971 (hereinafter referred to as 'the Act').

(2.) It appears that the petitioner was actually arrested on 20-11-1972 and that the detention order was passed subsequently on 24-11-1972, and, on that very date, the petitioner was served with the document containing the sole ground of detention given as follows:-

(3.) An annexure to the affidavit filed by a Special Secretary in the Home Department of the Govt. of West Bengal, who was the District Magistrate concerned when the impugned detention order was made against the petitioner, is copy of the petitioner's representation addressed to the Government. In the representation as well as in the petition before us, the petitioner asserts that the allegations against him are absolutely antrue. In his application to this Court he state that it is "palpably false and impracticable" to allege that the petitioner, with some associates, committed theft of some tea chests from a running wagon and that he fled when challenged, leaving behind three chests of tea "at the P. O." Be that as it may, it is difficult to understand what is meant by "the P. O." In his representation to the Government, the petitioner had submitted that there was no evidence that he was identified by anybody as a participator in the incident.