The petitioner in pursuance of the detention order was arrested on December 29, 1971 and was served with the order of detention as well as the grounds of detention together with the vernacular translation thereof.
There thus elapsed a period of about 40 days between the receipt of the representation and its disposal by the Government.
The representation of the petitioner, as mentioned earlier, was received by that Government on January 10, 1972 and was rejected by that Government on February 19, 1972.
Report about the making of the detention order was sent by the District Magistrate to the State Government along with necessary particulars on December 30, 1971 and the detention order was approved by the Government on January 4, 1972.
The representation in that case had been received on December 3, 1971 and had been disposed of on December 22, 1971.
The said representation was rejected by the State Government on February 19, 1972.
Opinion was expressed by the Board that there was sufficient cause for the petitioners detention.
In the meanwhile, on January 20, 1972 Government placed the case of the petitioner before the Advisory Board.
Affidavit was filed on behalf of the State Government that there were demonstrations by the State Government employees during the period from September 12 till the end of November 1971.
On January 10, 1972 the State Government received representation from the petitioner.
The Advisory Board, after companysidering the material placed before it, sent its report on February 22, 1972.
118 of 1972 decided on July 10, 1972 an attempt was made by the State Government to justify the delay on a similar ground.
The petition has been resisted by the State Government and the affidavit of Shri Sukumar Sen, Deputy Secretary, Home Special Department, Government of West Bengal has been filed in opposition to the petition.
The petitioners representation after being rejected, was also sent to the Advisory Board.
The order of detention was companyfirmed by the State Government on March 8, 1972.
Khanna, J. This is a petition through jail under Article 32 of the Constitution of India for the issue of a writ of habeas companypus by Binode Hembram, who has been ordered to be detained under Sub section 1 read with Sub section 2 of Section 3 of the Maintenance of Internal Security Act by the District Magistrate Midnapore with a view to preventing him from acting in any manner prejudicial to the maintenance of public order.
