Judgment

DUA, J. :- This petition for a writ in the nature of habeas corpus by Manu Bhusan Roy Prodhan has been forwarded to this Court by the Superintendent, Dum Dum Central Jail, West Bengal.

2. Pursuant to the order of detention passed by the District Magistrate, Jalpaiguri, on August 21, 1971 in exercise of the powers conferred on him by S. 9 read with sub-s. (2) of S. 3 of the Maintenance of Internal Security Act, 26 of 1971 (hereinafter called the Act) with a view to preventing the petitioner from acting in any manner prejudicial to the maintenance of public order, he was arrested on November 11, 1971.

The grounds of detention served on the petitioner at the time of his arrest read :

"On 16-4-71 at about 20.00 hours you along with others committed a murderous assault on Shri Bulo Das Gupta on the road in front of the office of Mahila Samity, Dhupguri, Police Station Dhupguri, District Jalpaiguri causing severe injuries on his person. Shri Das Gupta subsequently died in hospital. As a result of this murder committed by you people of the locality became highly terrorised and the public peace was greatly disturbed.

On 19-7-71 at about 19.30 hours you along with others forcibly entere