Judgment

DUA, J. :- The petitioner, Akshoy Konai, in his petition under Art. 32 of the Constitution prays for his release from detention in the Dum Dum Central Jail, Calcutta. He was arrested on February 14, 1972 pursuant to the order of detentiond made by the District Magistrate, Bribhum on February 11, 1972 in exercise of the powers dconferred on him by sub-s. (1) read with sub-s. (2) of S. 3 of the Maintenance of Internal Security Act, 26 of 1971 (hereinafter called as the Act). The detention order dated February 11, 1972 the legality of which is assailed herein reads:

"Government of West Bengal

Order

No. 728C Dated Suri, the 11-2-1972

Whereas I am satisfied with respect to the person known as Shri Akshoy Konai s/o Kelu Konai of Karkaria, P. S. Rampurhat, Dist. Birbhum that with view to preventing him from acting in any manner prejudicial to the security of the State or the maintenance of public order, it is necessary so to do;

Now, therefore, in exercise of the powers conferred by sub-section (1) read with sub-section (2) of Section 3 of the Maintenance of Internal Security Act, 1971 (Act 26 of 1971) I hereby make this order directing that the said Shri Akshoy Konai, be detained.

Give