P SRINIBASH NAIDU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a Rule requiring the opposite parties to show cause why a writ in the nature of Habeas Corpus should not issue and the petitioner P. Srinibash Naidu alias Sinha be set at liberty.

(2.) By an, order dated the 1st of September, 1959, made by the District Magistrate Midnapore the petitioner was directed to be detained under Section 3 (2) of the Preventive Detention Act for the reason that he had been acting in a manner prejudicial to the maintenance of public order. The detenue was served on the same clay with a copy of the grounds upon which the detention order had been made. A report was made to the State Government and its approval to the order of detention was accorded in due course. The detenue was apprised to his right to make a representation to the Advisory Board. A representation was made to that Board and the detenue having expressed a desire to be heard, he was given an opportunity of being heard personally by the Board. On a consideration of the materials before it, the Board reported that there was sufficient cause for the detention. Accordingly the State Government confirmed the order of detention in due course.

(3.) In answer to the Rule the learned Deputy Legal Remembrancer produced before us the original order of detention made by the District Magistrate and the original orders of approval and confirmation made by the State Government.