Shelat, J. - (1.) The order of detention impugned in this petition is in identical terms as the one Writ Petition 332 of 1971, D/- 3-2-72 (SC) (Ananta Mukhi v. The State of West Bengal). For the reasons given in the judgment in that petition the impugned order must be held to be bad, Consequently, the respondent State is directed to release the petitioner and set him at liberty forthwith.
(2.) Khanna, J -This is a petition through Jail under Article 32 of the Constitution of India for the issuance of a writ of habeas corpus by Firoj Farukee who has been ordered to be detained under Section 3 of the West Bengal (Prevention of Violent Activities) Act, 1970 (President's Act No. 19 of 1970), hereinafter referred to as the Act.
(3.) The order of detention which was made against the petitioner reads as under: "ORDER No. 1767-C. Dated, Suri the 3rd May, 1971 Whereas I am satisfied with respect to the person known as Shri Firoj Farukee, son of Md, Nowman of Tikapara, P. S. Bolpur, Dist, Birbhunm, that with a view to preventing him from acting in any manner prejudicial to the security of the State or the maintenance of public order, it is necessary so to do, I therefore in exercise of the powers conferred by sub-section (1) read with sub-section (3) of Section 3 of the West Bengal (Prevention of Violent Activities), Act, 1970 (President's Act 19 of 1970), make this order directing that the said Shri Firoj Farukee be detained. Given under may hand and seal of office. Sd/- S. L. Bose 3-5-71. District Magistrate, Birbhum.";