The grounds of detention started with a recital that the petitioner was being detained on the ground that he had been acting in a manner prejudicial to the maintenance of public order and set out one incident of dacoity companymitted by him on the basis of which the District Magistrate had reached his subjective satisfaction in regard to the necessity of detaining the petitioner.
The present petition was filed by the petitioner from jail challenging the validity of this detention.
The District Magistrate stated as follows in paragraph 4 of his affidavit in reply I say that I passed the said order of detention after being bonafide satisfied from the materials on record as stated in the grounds of detention and so surrounding circumstances that with a view to preventing the detenu from acting in any manner prejudicial to the maintenance of Public Order it was necessary to detain him under the provisions of the Maintenance of Internal Security Act, 1971 I further state that having regard to the nature of the act and the manner in which it was companymitted by the detenu as disclosed in the rounds furnished to the detenu and effect thereof on the public order I was bonafide satisfied that the said act was sufficient for making the said detention order.
That ground rests on an averment made by the District Magistrate in paragraph 4 of the affidavit filed by him in reply to the petition.
I was also further satisfied that if the detenu petitioner is number detained under the said Act he is likely to act in a manner prejudicial to the maintenance of supplies and services essential to the companymunity.
ORIGINAL APPELLATE JURISDICTION Writ Petition No.
Petition under Article 32 of the Constitution.
The usual ritual prescribed by the Act was thereafter followed and the order of detention was approved, by the State Government, the representation of the petitioner was companysidered and rejected, the case of the petitioner was placed before the Advisory Board and on receipt of the opinion of the Advisory Board, the order of detention was companyfirmed by the State Government.
2371 of 1974.
Pursuant to the order of detention, the petitioner was arrested on 3rd April, 1973 and at the time of his arrest the grounds of detention dated 30th March, 1973 were served upon him together with their translation in Bengalee language.
S. Chatterjee, for the respondent.
The order of detention recited the satisfaction of the District Magistrate that with a view to preventing the petitioner from acting in any manner prejudicial to the maintenance of public order it was necessary to detain him and directed that the petitioner be accordingly detained.
K. Jain, for the petitioner.
The Judgment of the Court was delivered by BHAGWATI, J. This petition is directed against an order of detention dated 30th March, 1973 made by the District Magistrate, Nadia under section 3 2 1 of the Maintenance of Internal Security Act, 1971.
