SYED BADRUDDOZA Vs. J C TALUKDAR

JUDGEMENT

(1.) This is an application under Section 491 of the Code of Criminal Procedure read with Article 226 of the Constitution for a writ in the nature of habeas corpus for illegal detention under Section 3(1) of the Maintenance of Internal Security Ordinance of 1971 (hereafter referred to as the Ordinance).

(2.) The application is filed by one Shabbir Ahmed alleging that Saiyad Badruddoza has been detained under Section 3(1) of the Ordinance by the State Government. The order was served on May 31, 1971, and the grounds of detention, were served on June 5, 1971. It is, alleged by the Petitioner that the order of detention is illegal as it was passed on the satisfaction of the Home Secretary, Government of West Bengal, and not that of the State Government. It is also contended that the grounds of detention are vague, remote and have no rational nexus with the alleged object of detention. It is also further alleged that the Order of detention is mala fide as it was passed with a view to "preventing the detenu from contesting in the bye-election for Parliament on the death on May 25, 1970, of Ab Alab Chowdhury, sitting member of Parliament from the said constituency.

(3.) The opposite party No, 1 has shown cause by affidavit-in-opposition supported by corroborative affidavit of Sri Arun Prosad Mukherjee, Deputy Commissioner of Police, Special Branch. It is contended on behalf of the opposite party that the Petitioner has no locus standi to file this application and he is not related to nor authorised by the detenu to file the application. The Rule is also opposed on the ground that the order of detention was passed on the satisfaction of the State Government represented by the satisfaction of the then Chief Minister Sri Ajoy Kumar Mukherjee. It is also denied that the grounds are vague, remote and irrelevant or that the order of detention was passed mala fide.