Judgment

KHANNA, J.:- An order was made by the District Magistrate Burdwan on February 10, 1971 under Section 3 of the West Bengal (Prevention of Violent Activities) Act 1970 (President s Act No. 19 of 1970) for the detention of Abdus Sukkur "with a view to preventing him from acting in any manner prejudicial to the maintenance of public order . In pursuance of that order, Abdus Sukkur was arrested on September 24, 1971. Abdus Sukkur thereupon filed the present petition through Jail under Article 32 of the Constitution to challenge his detention.

2. Mr. Chibber argued the case amicus curiae on behalf of the petitioner, while the State of West Bengal was represented by Mr. Chatterjee. After hearing the learned counsel on May 24, 1972 I ordered that, for reasons to be given later, the petitioner be set at liberty. I now proceed to set out those reasons.

3. The order for the detention of the petitioner, as mentioned earlier, was made by the District Magistrate on February 10, 1971. The petitioner, it is stated, was found to be absconding after the making of that order and he was arrested on September 24, 1971.He was then served with the order of detention along with the ground of detent