Judgment

SHELAT, J. :- 37 Persons detained under Section 3 (1) (a) (ii) and (iii) read with Section 3 (2) of the Preventive Detention Act, IV of 1950 filed this petition against orders of detention passed against them by the District Magistrates of Howrah, Midnapore and Purulia, West Bengal. We are, however, concerned only with Subodh Chandra Barik and Guhiram Gope, petitioners 15 and 36, as the rest of them have since then been released. The petition came up for hearing on April 11, 1969 before Sikri and Bachawat JJ. who referred it to a larger Bench as the question involved in this petition was of substantial importance. That is how this petition has come up before us for disposal.

2. Petitioners in W. P. 448 of 1969, pending in this Court and who are detained under the Jammu and Kashmir Preventive Detention Act, applied for intervention as the point involved in this petition also arises in their petition and that having been allowed, Mr. Garg representing them appeared before us supporting the contentions raised on behalf of petitioners 15 and 36.

3. The order of detention against petitioner Barik was passed on March 23, 1968 by the District Magistrate, Midnapore, as he was satisfi