SAMIR CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner has been detained under the provisions of, the Maintenance of Internal Security Act in pursuance of an order passed by the Commissioner of Police of Calcutta on 24-4-1974. The grounds for detention order are:

(2.) The validity of the order has been attacked on the following grounds:

(3.) Before we proceed to deal with these points it may be useful and necessary to refer to the decision of the Constitution Bench in Haradhan Saha v. State of West Bengal, (AIR 1974 SC 2154) = (1974 Cri LJ 1479).It was observed: