MINTU BHAKTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Writ Petition came up for hearing before us on April 20, 1972. After the arguments were heard, we directed immediate release of the petitioner from the Jail where he had been detained. We said at that time that we would give reasons for our said order later on. We now proceed to give those reasons.

(2.) The petitioner was detained under an order dated August 17, 1971 passed by the District Magistrate, 24 Parganas in exercise of powers conferred by sub-section (1) read with sub-section (2) of Section 3 of the Maintenance of Internal Security Act, XXVI of 1971. The order stated that the District Magistrate was satisfied with regard to the petitioner that it was necessary to detain him under the said Act with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. In consequence of the said order the petitioner was arrested on August 31, 1971 and detained in Jail. At the time of the arrest he was served with the grounds for his detention. On August 19, 1971, the District Magistrate reported the petitioner's case to the State Government and the State Government approved of the said order on August 24, 1971. On September 21, 1971, the Government placed the petitioner's case before the Advisory Board. On that day, the Government received a representation made by the Petitioner which representation was considered by the Government and was rejected by it on October 8, 1971. The Advisory Board submitted its report to the Government on November 5, 1971 holding that there was sufficient cause justifying the said order and the petitioner's detention thereunder. The Government thereafter confirmed the said detention order on November 18, 1971 and communicated that decision to the petitioner the next day.

(3.) On these facts Mr. Goswami, appearing amicus curiae for the petitioner, frankly conceded that he was not in a position to discover any legal infirmity either in the said order or the various steps taken by the detaining authorities following that order.