K.K.MATHEW, H.R.KHANNA, J.M.SHELAT
Ananta Mukhi Alias Ananta Hari – Appellant
Versus
State Of W. B. – Respondent
Judgement
SHELAT, J. :- The order of detention impugned in this petition is as follows :
"ORDER
Dated 24-4-71.
No. 97/C
Whereas I am satisfied with respect to the person known as Shri Ananta Mukhi, @Ananta Hari, son of Gobardhan, @Gurai of Antpara, Chakbazir, P. S. Debra, Dt. Midnapore that with a view to preventing him from acting in any manner prejudicial to the security of the State or the maintenance of public order, it is necessary so to do, I therefore in exercise of the powers conferred by sub-section (1) read with sub-section (3) of Section 3 of the West Bengal (Prevention of Violent Activities) Act. 1970 (President s Act No. 19 of 1970) makes this order directing that the said Shri Ananta Mukhi @Anant Hari be detained.
Given under by hand and seal of office.
Sd/- District Magistrate
Midnapore"
2. The question which falls for determination in this petition is whether detention directed by an order which recites that it was made upon satisfaction of the District Magistrate that the person concerned was acting in a manner prejudicial to the security of the State or the maintenance of public order is an order lawfully made. The argument was that the use of the disjunctive or , instead
referred to : Jagannath Misra v. State of orissa
Dr. Ram Manohar Lohia v. State of Bihar
Madhu Limaye v. Sub-divisional Magistrate Monghyr
State of West Bengal v. Ashok Dey
Shymlal Mondal v. State of West Bengal
Pushkar Mukherjee v. West Bengal
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