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1972 Supreme(SC) 459

J.M.SHELAT, S.N.DWIVEDI, Y.V.CHANDRACHUD
Babul Mitra Alias Anil Mitra – Appellant
Versus
State Of W. B. – Respondent


Judgment

DWIVEDI, J. :- This is a Habeas Corpus petition under Art. 32 of the Constitution. The petitioner, Babul Mitra, was detained in Jail by an order of the District Magistrate, Jalpaiguri, dated October 5, 1971. The order was made under S. 3 (2) of the Maintenance of Internal Security Act, 1971. The District Magistrate reported to the State Government about his detention on October 6, 1971. The grounds of detention were served on him on the same date. The State Government approved his detention on October 15, 1971. He made a representation to the State Government against his detention. The representation was received by the State Government on October 30, 1971. The State Government rejected it on November 30, 1971. On the same date the Government sent the representation to the Advisory Board for its consideration. On November 4, 1971 the Government had already placed his case before the Adivisory Board for consideration. The Advisory Board was satisfied that there was sufficient cause for his detention. So by Order dated December 11, 1971, the State Government confirmed the order of detention. Confirmation of the order was communicated to the petitioner on December 13, 1971.

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