Burdwan 2 Hyder Ali son of Bachchu Md. of Talpukuria, P. S. Asansol, Dist.
You alongwith your associates including 1 Md. Kasim son of Md. Mandal of Kashi Mohalla, P. S. Asansol, Dist.
underground companyper wire cable used for the purpose of tele communication service from St. Patric School companypound, P. S. Asansol, Dist.
Two instances of thefts of companyper wire or cable used for telecommunication services, which took place on December 19, 1971 and December 22, 1971, are also mentioned.
41, 106, 113, 214, 441 and 621 of 1973.
Burdwan.
In para 7 of the companynter, it is said that it appears from the records, that the detenu petitioner is a veteran companyper wire criminal.
As a result of this theft important telecommunication service between Panagarh Army Base Camp and Patna was totally disrupted for long 6 hours causing much inconvenience to the people.
The detention order as companyfirmed by the Government on April 12, 1972 under S. 12 1 of the Act, directs that the detention will companytinue tin the expiration of 12 months from the date of his detention or until the expiry of Defence of India Act, 1971 whichever is later.
The Judgment of the Court was delivered by SARKARIA, J. As similar questions of fact and law arise in these two petitions under Article 32 of the Construction, they will be disposed of by this companymon judgment.
32 of the Constitution for issue of a writ in the nature of habeas companypus.
That between 28.30 hrs.
Burdwan, took away 40 kgs.
1678 of 1973 is in detention since January 15, 1972 in pursuance of an order dated January 14, 1972, passed under s. 3 2 of the Maintenance of Internal Security Act, 1971 for short, the Act by the District Magistrate, Burdwan.
ORIGINAL JURISDICTION Writ Petitions Nos.
In response to the Rule Nisi issued by this Court, Shri Sukumar Sen, Deputy Secretary, Home Special Department, Government of West Bengal filed a companynter affidavit in para 4 of which it is averred It appears from the records that after receiving reliable information relating to the illegal anti social and prejudi cial activities of the above named detenu petitioner relating to the maintenance of Supplies and Services essential to the companymunity, the said District Magistrate of Burdwan passed order of detention against him under the provisions of the said Act.
Under Art.
on 22 12 71 and 00.30 hrs.
The grounds of detention that had been companymunicated to the detenu, read as under That on 19 12 1971 at about 00 30 hrs.
P. Malviya, for the petitioners amicus curiae S. Chatterjee, for the respondent.
Petitioner in Writ Petition No.
Burdwan 2 Hyder All, son of Bachcha Md. of Talpukuria, P. Asansol, Dist.
decided on 20 12 1973.
on 23 12 71 you along with your associates including 1 Md. Kasim son of Md. Mandal of Kasimohalla P. S. Asansol, Dist.
If the maximum period can be fixed only in terms of years, months or days certainly it would have been open to Parliament to fix a long period in s. 13 and justify it as the maximum period.
