SATYA BRATA GHOSE Vs. ARIF ALI DISTRICT MAGISTRATE SIBASAGAR JORHAT

JUDGEMENT

(1.) It is a petition for a writ in the nature of a writ of habeas corpus under Art. 32 of the Constitution. The petition was heard by us on October 30, 1973. After hearing counsel for parties we directed the release of the detenu. We are now setting forth the reasons in support of our order.

(2.) The petitioner challenges the order of his detention, dated April 2, 1973. The order was made by the District Magistrate, Sibasagar, under S. 3 (2) read with S. 3 (1) (a) (ii) of the Maintenance of Internal Security Act, 1971 with a view to preventing the petitioner from acting prejudicially to the maintenance of public order. The District Magistrate served the grounds of detention on him on April 3, 1973. There are nine grounds of detention. Ground No. 6 is this:

(3.) It should be observed that at the end of the grounds of detention the District Magistrate has said:"That the prejudicial activities of Sri Satyabrata Ghose (petitioner) and his sinister design of dislodging present administration and hate Assamese campaign has posed a serious threat to the security of the State and to the maintenance of public order in the district of Sibasagar. His being at large is likely to jeopardise the work of administration and as such it has become imperative to keep him under detention."