- (1.) This is an application under section 491, Criminal Procedure Code by Shibnath Saha, who has been ordered to be detained by the District Magistrate, Murshidabad pursuant to order No.1875/C, dated 28.6.73 with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. The grounds of detention are given below: - (a) That in pursuance of a deep laid conspiracy to attack Khagra T.O. P. and Gorabazar T.P.O., both under P.S. Berhampore simultaneously on the night of 1.5.73 you alongwith your associates Sovendra Sarkar, Bachchu Sarkar, both sons of Nalineswar Sarkar of Dayanagar, P.S. Berhampore town. Adhir Choudhury, S/o. Late Niranjan Chaudhuri Gorabazar all under P.S. Berhampore and others while preparing bombs in the house of said Nalineswar Sarkar on 29.4.73 at about 10.00 hrs. there was a serious explosion of bomb so manufactured by you resulting in serious injuries to your associates Sovendra Sarkar, Bachchu Sarkar and another. As a result the people of the locality become panic-striken and started running helter skelter. In consequences of your said activity public order in the locality was disturbed. The said activity thus attracts section 3 (1)(a)(ii) of the Maintenance of Internal Security Act, 1971 (Act 26 of 1971). (b) That on 16.5.73 at about 19:30 hrs. you alongwith your associates Keshab Banerji S/o. late Mahendra Chandra Banerji of Khagra, Narayan Mahato S/o. Harendra nath Mahato of Saidabad, both under P.S. Berhampore and others being armed with daggers, knives, iron rods and other deadly weapons raised the houses of Samar Kundu, Golab Ghosh and others at Saidabad, P.S. Berhampore, and severely assaulted Samar Kundu. As a result the people of the locality became panic-stricken and left the area in fear. The shop-keeper of the locality closed their shops and normal life and movement of the locality closed their shops and normal life and movement of the citizens were paralysed. In consequences of your said activity thus attracts section 3(1)(a)(ii) of the Maintenance of Internal Security Act, 1971 (Act 26 of 1971).
(2.) Mr. Bagchi appearing on behalf of the petitioner has submitted that the ground No.1 is not non-existent and ground No.2 is irrelevant and that the detaining authority acted mala fide in passing the order of detention.
(3.) The detention order was made on 28.6.73 and it was reported to the State Government on the same date. The grounds upon which the detention was made were served on the detenue on 2.7.73 when he was taken into custody. The detention order was approved by the State Government as required under the statute on 6.7.73. The State Government reported to the Central Government on the same date. A representation on the detenue dated 18.7.73 was rejected by the State Government after due consideration on 21.7.73. The case was referred to the Advisory Board on 24.7.73. All the steps remained to be complied with up to the date have been taken.;