Judgment

DWIVEDI, J. :- It is a petition for a writ in the nature of a writ of habeas corpus under Art. 32 of the Constitution. The petition was heard by us on October 30, 1973. After hearing counsel for parties we directed the release of the detenu. We are now setting forth the reasons in support of our order.

2. The petitioner challenges the order of his detention, dated April 2, 1973. The order was made by the District Magistrate, Sibasagar, under S. 3 (2) read with S. 3 (1) (a) (ii) of the Maintenance of Internal Security Act, 1971 with a view to preventing the petitioner from acting prejudicially to the maintenance of public order. The District Magistrate served the grounds of detention on him on April 3, 1973. There are nine grounds of detention. Ground No. 6 is this:

"That on 29-12-72 he visited Moriani and made secret contacts with Amritlal Sarkar, Kartik Sarkar and others of Moriani and spoke of Assamese people and the State Government. At his instance, Moriani Area Council was formed under the C. D. B. A.

The letters C.D.B.A. stand for the Council of Displaced Bengalis in Assam. This ground refers to three activities of the petitioner in Moriani of December 29, 1972. First,