Given under my hand and seal of office.
The petition has been resisted on behalf of the respondent and the affidavit of Shri Chandi Charan Bose, Deputy Secretary, Home Special Department, Government of West Bengal has been filed in opposition to the petition.
For the reasons given in the judgment in that petition the impugned order must be held to be bad.
Sd M. Gupta 10/6/71 District Magistrate, Birbhum.
19 of 1970.
Consequently, the respondent State is directed to release the petitioner and set him at liberty forthwith.
The order of detention which was made against the petitioner reads as under Whereas I am satisfied with respect to the person known as Shri Satya Sundar Sen Mathur Sen, son of late Amulya Ratan Sen of Lalbazar, Dubrajpur, P.C. Dubrajpur, Dt.
Per Khanna, J. Mathew J. companyccuring This is a petition through jail under Article 32 of the Constitution, of India for the issuance of a writ of habeas companypus by Satya Sundar Sen who has been ordered to be detained under Section 3 of the West Bengal Prevention of Violent Activities Act, 1970 Presidents Act No.
Birbhum, that with a view to preventing him from acting in any manner prejudicial to the security of the State or the maintenance of public order, it is necessary so to do, I, therefore, in exercise of the powers companyferred by Sub section 1 read with Sub section 3 of Section 3 of the West Bengal Prevention of Violent Activities Act, 1970 Presidents Act No.
19 of 1970 , make this order directing that the said Shri Satya Sundar Sen Mathur Sen be detained.
R. Khanna, J. The order of detention impugned in this petition is in identical terms as the one in Writ Petition 322 of 1971.
Ananta Mukhi Ananta Hari v. The State of West Bengal .
