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1972 Supreme(SC) 320

K.K.MATHEW
Mritunjoy Pramanik – Appellant
Versus
State Of W. B. – Respondent


Judgment

ORDER :- The petitioner challenges the validity of an order of detention and prays for the issue of a writ or order in the nature of habeas corpus and for releasing him from custody.

2. The order of detention was passed by the District Magistrate, Nadia, West Bengal, on November 9, 1971, in the exercise of his powers under sub-section (1) read with sub-section (2) of Section 3 of the Maintenance of Internal Security Act, 1971 (No. 26 of 1971) and the petitioner was arrested on November 10, 1971, in pursuance thereof. The order of detention together with the ground thereof was served on him on the same day. On November 9, 1971, the District Magistrate duly reported to the State Government about the passing of the detention order. The report was considered by the State Government and on November 19, 1971, the detention order was approved by the State Government and on the same day the State Government submitted a report to the Central Government in pursuance to the provisions of sub-section (4) of Section 3 of the Act together with the grounds of detention and the other particulars. On December 3, 1971, the State Government placed the case of the petitioner before the Advisory







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