Judgment

CHANDRACHUD, J. :- By an order dated 29th October 1971 the District Magistrate, 24-Paraganas, West Bengal, directed that the petitioner be detained under the Maintenance of Internal Security Act, 26 of 1971, with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies and services essential to the community. The petitioner was arrested on 4th November 1971 and the grounds of detention were furnished to him on the same date. The representation made by the petitioner was received by the Government on 19th November, 1971 and was rejected on 1st December 1971. On the decision of the Advisory Board dated 13th January 1972 the detention order was confirmed by the Government on 19th January, 1972. The correctness of the detention order is challenged by the petitioner by this petition under Article 32 of the Constitution.

2. It is contended that the petitioner was in jail on 29th October, 1971 when the detention order was passed, that he was then being prosecuted in respect of the same incidents for which the order of detention was passed and therefore the detention is mala fide. In support of this contention our attention has been drawn by the