DHARMAN RAJ BANSHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a petition under Article 32 of the Constitution for a writ of habeas corpus for setting the petitioner free from detention. Immediately on the conclusion of the hearing of the petition we passed an order releasing the petitioner from detention and we now proceed to give our reasons.

(2.) The District Magistrate, 24 Parganas, in exercise of the power conferred upon him under sub-section (1) read with sub-section (2) of Section 3 of the Maintenance of Internal Security Act, 1971, passed an order dated 25th September, 1972 directing that the petitioner be detained as it was necessary to do so with a view to preventing him from acting in a manner prejudicial to the maintenance of supplies and services essential to the community. Pursuant to the order of detention, the petitioner was apprehended on 23rd September, 1972 and immediately on his arrest the grounds on which the order of detention was made were served on him by a communication dated 20th September, 1972 made under Section 8, sub-section (1) of the Act. There was only one ground set our in this communication and it was in the following terms:

(3.) It is apparent from the communication dated 20th September, 1972 that only one ground was disclosed to the petitioner as forming the basis of detention and that ground related to the incident of wagon breaking alleged to have taken place on 14th September, 1972. This was the only ground communicated to the petitioner, and therefore, obviously it was against this ground alone that the petitioner had an opportunity of making his representation. But the District Magistrate stated in paragraph 7 of the affidavit filed by him in reply to the petition: