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1972 Supreme(SC) 495

I.D.DUA, J.M.SHELAT, Y.V.CHANDRACHUD
Rashid Sk. – Appellant
Versus
State Of W. B. – Respondent


Judgment

DUA, J. :- Rashid Sk., petitioner has approached this Court through jail for a writ of habeas corpus under Art. 32 of the Constitution.

2. Pursuant to the detention order dated January 3, 1972 made by the District Magistrate, Burdwan under S. 3 (1) and (2) of the Maintenance of Internal Security Act, 26 of 1971 (hereinafter called the Act), the petitioner was arrested on January 5, 1972 and detained with a view to "preventing him from acting in any manner prejudicial to the maintenance of supplies and services essential to the community". The grounds of detention were duly served on him at the time of his arrest. The report regarding the detention order had also been duly sent on January 3, 1972 to the State Government, which approved the order of detention on January 6, 1972. The same day the State Government reported that fact to the Central Government in compliance with S. 3 (4) of the Act. The petitioner s case was placed before the Advisory Board on February 1, 1972, and the Board submitted its report on March 4, 1972. The representation made by the petitioner was received by the Government on February 3, 1972 but the same was considered by it on March 1, 1972. The Stat















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