Judgement

KHANNA, J:- This is a petition through jail for the issuance of a writ of habeas corpus by Nishi Kanta Mondal who has been ordered by the District Magistrate, 24 Parganas to be detained under section 3 of the West Bengal (Prevention of Violent Activities) Act, 1970 (President s Act No. 19 of 1970), hereinafter referred to as the Act. The order of detention reads as under:

"GOVERNMENT OF WEST BENGAL

OFFICE OF THE DISTRICT

MAGISTRATE 24-PARGANAS

ORDER

No. 352/71 Dated, the 6-7-71

Whereas I am satisfied with respect to the person known as Shri Nisi Kanta Mondal, son of Shri Radhanath Mondal of Daccapara, P. S. Bongaon, Dt. 24-Parganas that with a view to preventing him from acting in any manner prejudicial to 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), make this order directing that the said Nishi Kanta Mondal be detained.

Given under my hand and seal of office.

Sd/-

DISTRICT MAGISTRATE

24-PARGANAS

6-7-1971

Seal

2. In pursuance of the above order, the petitioner was arreste