- (1.) The order of detention impugned in this petition is in identical terms as the one in Writ Petition 322 of 1971, D/- 3-2-72 (S. C.) (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.:- (For himself and Mathew J.). This is a petition through jail under Art. 32 of the Constitution of India for the issuance of a writ of habeas corpus by Satya Sunder Sen who has been ordered to be detained under Sec. 3 of the West Bengal (Prevention of Violent, Activities) Act, 1970 (President's Act No. 19 of 1970).
(3.) The order of detention which was made against the petitioner reads as under: "Whereas I am satisfied with respect to the person known as Shri Satya Sunder Sen alias Mathur Sen, son of late Amulya Ratan Sen of Lalbazar, Dubrajpur, P. S. Dubrajpur, Dt. Birbhum, 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 No. 19 of 1970), make this order directing that the said Shri Satya Sunder Sen alias Mathur Sen be detained. Given under my hand and seal of office Sd/ M/ Gupta 10/6/71 District Magistrate, Birbhum.";