Chandrachud, J. - (1.) By this petition under Article 32 of the Constitution, the petitioner challenges an order of detention dated 29th October, 1971 passed by the District Magistrate, 24-Parganas, West Bengal, under this Maintenance of Internal Security Act, 1971 (Act 26 of 1971).
(2.) The order of detention is expressed to have been passed with a view to preventing the petitioner "from acting in any manner prejudicial to the maintenance of public order........." The petitioner was arrested in pursuance of the detention order on 1st November 1971 and on the same date the grounds on which the order was passed were served on him. Stated briefly, the first ground says that on 11-10-1971 the petitioner and his associates formed an unlawful assembly, that they were armed with pipe guns, bombs and other lethal weapons, that they attempted to commit the murder of one Pravash Chandra Kundu, that the petitioner fired one round from his pipe gun and that these acts created terror in the particular locality and disturbed the public order. The second ground says that on 13th October l971, the petitioner and his associates, being armed with bombs and other lethal weapons, attempted to commit the murder of one Ramdhari Show for the reason that he did not subscribe to their views. The petitioner and his associates exploded bombs which caused severe injuries to Ramdhari, causing a panic and scare in the particular locality whereby public order was disturbed.
(3.) Learned counsel for the petitioner challenges the detention order on the ground, firstly, that there was an abnormal delay on the part of the State Government in considering the representation made by the petitioner against the order of detention. The representation was received by the Government on 7th December 1971 end it was considered by it after a delay of 27 days on 3rd January 1972. Apparently, the representation was not considered with promptitude, but the affidavit filed by the Assistant Secretary Home (Special) Department, Government of West Bengal, shows that there were adequate reasons why it could not be considered earlier. The war with Pakistan, the influx of refugees and the unprecedented problems which faced this country in December 1971, led to delay in considering the representation of the petitioner. As the delay has been satisfactorily explained, the order of detention cannot be set aside on this particular ground.;