- (1.) In this petition under Article 32 of the Constitution, the petitioner questions the validity of his detention under the Maintenance of Internal Security Act 1971. He was arrested on July 14, 1972 on strength of order made on the previous day by the District Magistrate, Malda, West Bengal, in exercise of the power conferred by sub-section (1) read with sub-section (2) of S.3 of the said Act. The order directing the petitioner to be detained said that the District Magistrate Malda, was satisfied that it was necessary so to do with a view to preventing him from acting in a manner prejudicial to the maintenance of supplies and services essential to the community. The grounds of detention served on the petitioner mention the following particulars which apparently satisfied the detaining authority that it was necessary to take the petitioner into preventive custody. "On 2-7-1972 at about 20.46 hrs. you and your 50/60 associates twisted the signal wire of Jamirghata UP outer signal by pushing wooden sticks and tieing by iron wire. As a result Goods Train No. D.C. 132 Up detained beyond up outer signal of Jamirghata Rly. Station. You and your associates broke open the door of Wagon No. SEC 47865 and Wagon No. HRC 12872. You looted raw coals from the above noted wagons and opened K.C. Wagon NRKC 80027, ERKC 82923 and WRKC 50160. RPF personnel stationed at Jamirghata Rly. Station hastened to the spot and chased you and your associates. You and your associates attacked RPF personnel with deadly weapons and pelted stone chips aiming at the RPF personnel. On self-defence SRK/AW Bhagwan Singh was compelled to fire 2 rounds from his rifle. Due to firing one of your associates names Jafal Sk. of Satargachi P.S. Kaliachak, Dist. Malda received bullet injury and died instantaneously, another associate named Abdul Latif of Satargachi also sustained bullet injury who is under treatment in Sadar Hospital, Malda. You and your rest associates managed to flee away the place of occurrence leaving behind about 40 mds, of raw coal at the place of occurrence. You have, therefore, acted in a manner prejudicial to the maintenance of supplies and services essential to the community. 2. On 4-7-1972 at about 22-30 hrs you and your two associates named Sazzat Sk. and Srish Chandra Mondal made an attempt to break open the door of wagon No. NRC 56789 with wheat, by wagon breaking instrument which was stabled in the yard of Bhaluka Road Rly. Station. The on duty RPF personnel stationed at Bhaluka Road Rly. Station managed to arrest you and two associates red handed. One special wagon breaking instrument was found in your possession and one two celled torch light found in possession of your associate Sazzet Sk. You have, therefore, acted in a manner prejudicial to the maintenance of supplies and services essential to the community."
(2.) In the petition the petitioner has denied the allegations against him. He states in paragraph 3 of the petition that the Malda police arrested him on some criminal charge and produced him before the Sub-Divisional Judicial Magistrate, Malda, but as the local police failed to produce any material or witness against him, he was discharged and that the detention order is based on the same allegations. He submits that the detaining authority had acted "mechanically" and had not considered the "merit of the case"
(3.) The affidavit-in-opposition filed on behealf of the respondent, State of West Bengal, in answer to the Rule Nisi issued on the petition, has been affirmed not by the District Magistrate, Malda on whose satisfaction the order of detention was based but by the Deputy Secretary, Home (Special) Department, Government of West Bengal. It is stated that the District Magistrate was "not available for affirming the affidavit" as he was "very busy and preoccupied with maintenance of law and order situation" in the district of Malda. With reference to what the petitioner has said in paragraph 3 of the petition, it is stated in paragraph 6 of the affidavit-in-opposition that in respect of the two grounds of detention, two criminal cases were started in the Court of the Sub-Divisional Judicial Magistrate, Malda, on July 3 and July 6, 1972 under Section 147/461/379 and Section 461/511 respectively of the Indian Penal Code and that the "investigating officer who was in charge of the matter" had informed the dependent that as" no person was willing to give evidence against the petitioner in open court, the petitioner was discharged from the said cases.";