MOHAMMAD ALAM JITEN NINIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) As similar questions of fact and law arise in these two petitions under Article 32 of the Constitution, they will be disposed by this common judgment.

(2.) Petitioner in Writ Petition No. 1678 of 1973 is in detention since January 15, 1972 in pursuance of an order, dated January 14, 1972, passed under Section 3(2) of the Maintenance of Internal Security Act, 1971 (for short, the Act) by the District Magistrate, Burdwan. The detention order, as confirmed by the Government on April 12, 1972 under Section 12(1) of the Act directs that the detention "will continue till the expiration of 12 months from the date of his detention or until the expiry of Defence of India Act, 1971 whichever is later."

(3.) In response to the Rule Nisi issued by this Court, Shri Sukumar Sen, Deputy Secretary, Home (Special) Department, Government of West Bengal filed a counter-affidavit in para 4 of which it is averred: