The State Government approved the order of detention on 5th August, 1972 and a report was made by it to the Central Government on the same day.
The State Government had number yet companyfirmed the order of detention when the representation was received but even so the State Government proceeded to companyfirm the order of detention without companysidering the representation.
The State Government thereafter companysidered the representation of the petitioner and rejected the same on 2nd December, 1972.
The State Government thereafter placed the, case of the petitioner before the Advisory Board for its opinion and the Advisory Board submitted a report dated 23rd November, 1972 stating that in its opinion there was sufficient cause for the detention of the petitioner.
The petitioner, on these facts, companytended that the order companyfirming the detention of the petitioner having been passed by the State Government without companysidering the representation of the petitioner, the detention of the petitioner was unlawful as being in violation of Art.
Now, right up to this time numberrepresentation against the order of detention was received from the petitioner.
22 5 of the Constitution and section 7 of the Maintenance of Internal Security Act, 1971.
When the petitioner was arrested on 24th October, 1972, the order of detention was served on him along with the grounds of detention.
It was only on 27th November, 1972 that the State Government received the representation of the petitioner against the order of detention.
The opinion of the Advisory Board, on a companysideration of the representation, is numbersubstitute for the companysideration of the representation by the State Government.
Petition Under Article 32 of the Constitution of India.
The order of companyfirmation was passed by the State Government on 29th November, 1972.
ORIGINAL JURISDICTION Writ Petition No.
164 of 1974.
Laila Seth and G. S. Chatterjee, for the respondent.
The order of detention was made by the District Magistrate on 26th July, 1972and on the same day he made a report to the State Government.
Hira Lal Jain, for the petitioner.
It appears that the petitioner was absconding and he companyld number, therefore, be arrested pursuant to the order of detention until 24th October, 1972.
The Judgment of the Court was delivered by BHAGWATI J. This petition is directed against the validity of an order of detention dated 26th July, 1972 made by the District Magistrate, Midnapur under section 3 of the Maintenance of Internal Security Act, 1971.
CI/75 of the petitioner.
