The report regarding the detention order had also been duly sent on January 3, 972 to the State Government, which approved the order of detention on January 6,1972.
The explanation for the delay between February 3, 1972 and March 1, 1972 offered by the State of West Bengal in its companynter affidavit reads In this companynection I further state that the said representation of the detenu petitioner companyld number be companysidered by the State Government earlier, due to sudden and abrupt increase in volume of detention cases under the Maintenance of Internal Security Act, as there was spate of anti social activities during that time within the State by the Naxalites and other political extremists.
The grounds of detention were duly served on him at the time of his arrest.
According to the petitioner he had been arrested on December 11,1971 and kept in police station Hirapur for 12 days where after he was transferred to Koiunapur police station where he was kept for 13 days.
Due to aforesaid reason there was great pressure of work and movement of the files were very much delayed and the records in the office were number regularly available, It appears that there was about 27 days delay in companysidering the said representation of the petitioner.
The State Government Confirmed the order of detention on March 15, 1972 this companyfirmation was companymunicated to the petitioner on March 16, 1972.
The representation made by the petitioner was received by the Government on February 3,1972 but the same was companysidered by it on March 1, 1972.
On January 5, 1972 the detention order under the Act was served on him and he was thereafter detained in Burdwan District Jail.
The petitioners case was placed before the Advisory Board on February 1,1972, and the Board submitted its report on March 4, 1972.
The same day the State Government reported that fact to the Central Government in companypliance with Section 3 4 of the Act.
Pursuant to the detention order dated January 3, 1972 made by the District Magistrate, Burdwan under Section 3 1 and 2 of the Maintenance of Internal Security Act, 26 of hereinafter called the Act , the petitioner was arrested on January 5,1972 and detained with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies and services essential to the companymunity.
D. Dua, J. Rashid Sk,petitioner has approached this Court through jail for a writ of habeas companypus under Article 32 of the Constitution.
