ARUN KUMAR ROY ALIAS KATU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner who was detained in pursuance of an order under the Maintenance of Internal Security Act, 1971 (26 of 1971) (hereinafter referred to as the 'Act') has presented this petition under Art. 32 of the Constitution. He states therein that the detention order originating from the District Magistrate of Howrah is baseless, mala fide and motivated, that he was never involved in any kind of violent or anti-social activities, that he is a first fireman of the South Eastern Railway and by his detention irreparable prejudice will be caused to himself and members of his family. He states further that he had gone to the Advisory Board on November 17, 1971 and that his detention was confirmed and communicated to him on December 8,1971. His grievance is that no first information was lodged against him as was necessary in the circumstances of the case and his detention is not warranted by law.

(2.) From the affidavit affirmed by the District Magistrate of Howrah in opposition to the petition the following facts emerge:-

(3.) A copy of the representation of the petitioner to the Advisory Board is one of the annexures to the counter affidavit. The case made by him therein was that the allegations about the removal of overhead traction wire were not true, that in any event they also disclosed commission of the offences of theft which are cognizable offences and any such incident, if true in fact, should have incident, if true in fact, should have been reported to the police under the provisions of the Code of Criminal Procedure and in the circumstances of the case the grounds of detention notified in the order made against him were not tenable under the law.