DAKTAR MUDI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner challenges order of his detention of 20-7-72 under the Maintenance of Internal Security Act, 1971, as being illegal. He was arrested on July 20, 1972, and sent to Midnapore Central Jail. On the same day he was served with the order of detention along with the grounds of his detention, which inter alia, stated thus:

(2.) The petitioner was asked to make a representation to the State Government against his detention order if he so chose and also to intimate if he wanted to be heard by the Advisory Board in person. He was further informed that his case will be placed before the Advisory Board within thirty days from the date of his detention under the order.

(3.) On October 10, 1972, the State Government placed before the Advisory Board the grounds on which the detention order was made as also the report made by the District Magistrate under sub-s. (3) of S.3 of the said Act. The representation of the petitioner was received by the State Government on October 11, 1972, and after due consideration it was rejected by it on October 13, 1972. It was sent to the Advisory Board on October 24, 1972. On October 30, 1972, the Advisory Board after giving a personal hearing to the petitioner, submitted is report to the State Government stating that in its opinion there was sufficient cause for the detention of the petitioner. The detention order was confirmed by the State Government on November 3, 1972.