ASHOKE KUMAR DUTTA Vs. STATE

JUDGEMENT

(1.) THIS is an application for a Writ in thef; nature of Habeas Corpus challenging the order of detention passed bv the Commissioner of Police. Calcutta, on the l3th July, 1974 in exercise of powers confer -I fed by Sub -section (1) (a) (ii) read with r Sub -section (2) of Section 3 of the Main -. I penance of Internal Security Act, 1971 (hereinafter referred to as the said Act). The said order was made with a view to i preventing the petitioner from acting in a manner prejudicial to the maintenance of public order. The grounds of detention which were served on the detenu relies on the incident set out hereinbelow : -

(2.) MR . Dilio Kumar Dutt. learned Advocate appearing in support of the Rule, firstly contended that the order of detention was made in mala fide exercise of power, in this connection he referred to the averments made in paragraphs 8 and 14 of the petition wherein it has been alleged 89 follows: '

(3.) IN the present case, it is to be re -emembered, there is no soecific allegation of mala fide against the Commissioner of JPoMce himself. In spite of the same the 'Commissioner of Police has affirmed an affidavit wherein, as - pointed out. he has specifically denied that the uround has been engineered by anv one or that the order has been passed at the behest of any such person. He has further categorically stated that before makine the 'Order of detention, he had personally . scrutinised the genuineness of the materials which formed the ground of detention and after being satisfied about their dependability, he had made the order of detention. In our opinion, having regard to the scope and nature of the allegation nade in the petition, this is sufficient denial of the charge of mala fide.