TARIT KUMAR CHANDA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application by the detenu under Article 226 of the Constitution of India is for a writ in the nature of habeas corpus. The detenu was taken into custody on and from March 4, 1973, under an order passed by the District Magistrate, Jalpaiguri, in exercise of the powers vested in him by Sub -section (1), read with Sub -section (2) of Sec. 3 of the Maintenance of Internal Security Act, 1971, to be hereinafter referred to as 'the Act', with a view to preventing the detenu from acting in any manner prejudicial to the maintenance of public order and was served with the ground of detention containing one ground. The ground runs as follows:

(2.) Mr. A.P. Chatterjee, learned Advocate, assisted by Mr. Rabi Lal Maitra, has appeared for the Petitioner and has challenged the satisfaction of the detaining authority as invalid and contended that the detention has ceased to be preventive and has become punitive as the objective condition on the basis of which the subjective satisfaction was arrived at, has ceased to subsist. In the next place, Mr. Chatterjee contended that the representation of the detenu in the instant case was not considered by the State Government expeditiously.

(3.) Mr. Biman Kanti Bose, learned Advocate, appeared for the State and opposed the Rule. An affidavit -in -opposition was also affirmed by the detaining authority. Mr. D.P. Chowdhury, learned Advocate, assisted the Court as amicus curia in this matter and the Court is indebted to him for the valuable assistance received.