Judgment

DUA, J. :- In this petition under Art. 32 of the Constitution the petitioner Shri Nagen Murmu challenges the order of his detention dated December 24, 1971 made by the District Magistrate, Midnapore under S. 3, sub-section (1) read with sub-section (2), of the Maintenance of Internal Security Act, 26 of 1971 (hereinafter called the Act). The detenu was arrested pursuant to the order of detention on December 29, 1971 on which date the grounds of detention were also served on him. This fact was reported to the State Government on December 30, 1971 and the detention order was approved by the State Government on January 4, 1972. The detenu s representation was received by the State Government on January 10, 1972 and was considered by it on February 19, 1972. The grounds on which the detention order was passed are :

"1. That on the midnight of 13/14-10-69, you along with nearly 200 others armed with a gun, bows and arrows, tangis and other deadly weapons raided the house of Jiban Krishna Das of village Jotdaris, P. S. Debra, shot the house owner to death, looted cash and ornaments worth about Rs. 2300/- and set fire to his house.

2. That on 22-6-70 at about 04.00 hours, you and so