GOPAL BAURI Vs. DISTRICT MAGISTRATE BURDWAN

JUDGEMENT

(1.) This application for a writ of habeas corpus under Article 32 of the Constitution arises out of an order of detention made on June 25, 1973, by the District Magistrate Burdwan under sub-section (1) read with sub-section (2) of S. 3 of the Maintenance of Internal Security Act, 1971. The order was made in order to prevent the petitioner from acting in a manner prejudicial to the maintenance of supplies and services essential to the community. The grounds on which the said order is based are as follows :-

(2.) As seen earlier the impugned order of detention was made on June 25, 1973 and the petitioner was detained in pursuance of that order on July 13, 1973. It is submitted by Mr. Quamruddin, learned counsel, appearing as amicus curiae that based on the grounds as given, there is an inordinate delay in making the detention order. Secondly he submits that the grounds are vague inasmuch as there is no mention of the number of ball bearings nor of the number of associates in the grounds. We are not impressed by these submissions in this case.

(3.) We, however, find from paragraph 5 of the counter-affidavit submitted by the Deputy Secretary, Ministry of Commerce, Government of India, who was the District Magistrate of Burdwan at the relevant time the following statement :-