Judgment

SIKRI, J. : This is a petition under Article 32 of the Constitution by Shyamal Chakraborty who has been detained under the Preventive Detention Act, 1950 (hereinafter referred to as the Act). Three grounds have been urged by the learned counsel why we should issue a writ of habeas corpus directing his release: (1) that the detenu s representation was not considered by the Government, (2) that the grounds furnished to the detenu mentioned offences under the Indian Penal Code and cannot be used for the purpose of detaining the detenu except in emergencies, and (3) that the grounds do not have any relation to the maintenance of public order. Following are the facts as they emerge from the affidavits on record.

2. The detenu was detained by an order No. 3846-D.D. (S), D/- 13th November 1968, passed by the Commissioner of Police, Calcutta in exercise of powers conferred on him by Section 3 (2) of the Act. The detenu was arrested on November 13 1968 and was served with the grounds of detention both in English and in vernacular on the same day. On 15th November, 1968, the Commissioner of Police reported the fact of such detention of the petitioner together with the grounds and othe