Shelat, J. - (1.) The order of detention impugned in this petition is in identical terms as the one in Writ Petition 322 of 1971 (Ananta Mukhi Ananta Hari 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 Art. 32 of the Constitution of India for the issuance of a writ of habeas corpus by Keshab Roy 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. "No. 2925-C ORDER Dated Suri, the 16-7-1971. Whereas I am satisfied with respect to the person known as Shri Keshab Roy, son of Shri Kalipada Roy of Dubrajpur (Lalbazar), P.S. Dubrajpur, District 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 Keshab Roy be detained. Given under my hand and seal of office. Sd/-M. Gupta. 19-7-1971. District Magistrate, Birbhum,";