SHIBNATH SAHA Vs. DISTRICT MAGISTRATE MURSHIDABAD

JUDGEMENT

(1.) This is an application under section 491, Criminal Procedure Code by Shibnath Saha, who has been ordered to be detained by the District Magistrate, Murshidabad pursuant to order No.1875/C, dated 28.6.73 with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. The grounds of detention are given below: -

(2.) Mr. Bagchi appearing on behalf of the petitioner has submitted that the ground No.1 is not non-existent and ground No.2 is irrelevant and that the detaining authority acted mala fide in passing the order of detention.

(3.) The detention order was made on 28.6.73 and it was reported to the State Government on the same date. The grounds upon which the detention was made were served on the detenue on 2.7.73 when he was taken into custody. The detention order was approved by the State Government as required under the statute on 6.7.73. The State Government reported to the Central Government on the same date. A representation on the detenue dated 18.7.73 was rejected by the State Government after due consideration on 21.7.73. The case was referred to the Advisory Board on 24.7.73. All the steps remained to be complied with up to the date have been taken.