Judgment

CHANDRACHUD, J. :- This is a petition under Article 32 of the Constitution for the issue of a writ of habeas corpus for the release of the petitioner.

2. On 16th November, 1971 the District Magistrate Burdwan, West Bengal, passed an order under the Maintenance of Internal Security Act, 26 of 1971, that the petitioner be detained "with a view to preventing him from acting in any manner prejudicial to the maintenance of public order". The petitioner was arrested on 17th December 1971 and on the same date the grounds of detention were served on him. The petitioner s case was placed before the Advisory Board on 7th January 1972, his representation was received by the Government on 13th January 1972 and was rejected on 22nd February, 1972.

3. Two grounds were furnished to the petitioner in justification of the order of detention. It was stated firstly, that the petitioner and his associates were members of an extremist party (CPI-ML), that on 16th August 1971, they armed themselves with lethal weapons like firearms, choppers and daggers with a view to promoting the cause of their party, that they raided the house of one Durgapada Rudra and murdered him and that the aforesaid incid