Judgement

KHANNA, J.:- This is a petition through jail under Article 32 of the Constitution of India for issuing a writ of habeas corpus by Kanti Lal Bose, who has been ordered by the District Magistrate Howrah 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) "with a view to preventing him from acting in any manner prejudicial to the maintenance of public order".

2. The petition was resisted by the respondent-State and the affidavit of Shri Dipak Kumar Rudra, District Magistrate who passed the detention order, was filed in opposition to the petition, Mr. Vohra argued the case amicus curiae on behalf of the petitioner, while the State was represented by Mr. Ghosh. After hearing the learned counsel, we passed an order on May 3, 1972 for the release of the petitioner and stated that the reasons in support of our order would be indicated later. We now proceed to set out those reasons.

3. The order for the detention of the petitioner was made by the District Magistrate on February 19, 1971. The petitioner, it is stated, was found to be absconding and was arrested on July 15,