- (1.) These petitions for the issuance of the writ of habeas corpus concern two different detenus and arise out of detention orders passed on different dates. But the orders of detention suffer from a common vice and it would thus be convenient to dispose of the two petitions by one judgment.
(2.) Writ Petition No. 1856 of 1973: The petitioner Fogla alias Nandulal Bhuiya was detained by the District Magistrate, Burdwan, under an order of detention dated January 3. 1972 passed under sub-section (1) read with sub-section (2) of S. 3 of the Maintenance of Internal Security Act, 1971. The petitioner was detained with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies and services essential to the community. The particulars of the grounds were furnished to the petitioner on the same date. They show that the allegation against the petitioner is that on November 17, 1971 he and his associates were caught red-handed while attempting to commit theft of an overhead electric copper wire and that on December 13, 1971 the petitioner and his associates committed theft of an overhead electric copper wire.
(3.) In answer to the Rule Nisi issued by this Court an affidavit has been filed by the Deputy Secretary, Home (Special) Department, Government of West Bengal. In paragraph 7 of that affidavit it is stated that the record discloses that the petitioner is a person of "dangerous and desperate habits". It is obvious that this was one of the reasons for which the petitioner was detained but that was never communicated to the petitioner. He had therefore no opportunity to make an effective representation to the Government against the order of detention. The detention is therefore violative of Article 22 (5) of the Constitution and must be set aside. Writ Petition No. 2007 of 1973:;