JAYANTA JADAV Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner challenges an order of detention passed against him by the District Magistrate Burdwan, under the Maintenance of Internal Security Act, 1971.

(2.) The petitioner was detained under an order dated February 9, 1972 on the ground that he was acting in a manner prejudicial to the maintenance of supplies and services essential to the petitioner show that on January 6, 1972 he and his associates committed theft of an electric copper wire and that on the 12th of the same month they indulged in a similar exercise. On the later occasion, when challenged by the inhabitants of the area the petitioner and his associates hurled bombs at them.

(3.) The affidavit of the Deputy Secretary, Government of West Bengal, says that the petitioner was "a notorious copper wire criminal." It is urged that the petitioner had no opportunity to meet the allegation that he was "notorious". We see no substance in this contention because the particulars show that the petitioner was not a stray or casual stealer of copper wires. He and his associates had armed themselves with bombs and when they were challenged by the local people they had no hesitation in using the bombs. It is in the light of this circumstance that the petitioner is described in the affidavit as a "notorious copper wire criminal".