Judgement

KHANNA, J.:- This is a petition through jail for the issue of a writ of habeas corpus by Jagannath Das alias Jaga who has been ordered to be detained under Section 3 of the West Bengal (Prevention of Violent Activities) Act, 1970 (President s Act No. 19 of 1970).

The order of detention reads as under :

ORDER

No. 86/71 Dated : 29-6-71

Whereas I am satisfied with respect to the person known as Shri Jagannath Das alias Jaga of Late Bhanu Das of Kurimatu, P. S. Bangaon, Distt. 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 Shri Jagannath Das alias Jaga be detained.

Given under my hand and seal of office.

Sd/- Illegible

DISTRICT MAGISTRATE

24-PARGANAS,

29-6-71.

2. The ground of detention which was served along with the order of detention upon the petitioner recited that on the night of June 1, 1971 at about 1.30 a.m. while committing theft of rice f