Judgment

SARKARIA, J. :- This judgment will dispose of all the three petitions above-mentioned under Article 32 of the Constitution of India. It will be convenient to first take up Writ Petition No. 1679 of 1973.

2. The petitioner Shaikh Hanif, aged 40 years, was arrested on February 23, 1973 in pursuance of a detention order, dated February 19, 1973, passed by the District Magistrate, West Dinajpur in West Bengal under sub-section (1) read with sub-section (2) of Section 3 of the Maintenance of Inter Security Act, 1971 (for short, the Act ). On February 19, 1973, the District Magistrate reported about his detention to the State Government which approved it on March 1, 1973. The detenu made a representation which was rejected by the State Government on April 5, 1973 and forwarded to the Advisory Board for consideration. The Board reported to the State Government on April 24, 1973 that there was sufficient cause for the detention. Thereupon the Government confirmed the order of detention under S.12 (1) of the Act and directed that the detention of the petitioner would continue "till the expiration of 12 months from the date of his detention or until the expiry of Defence of India Act of 1971 whichever is later".

3. The grounds of detention as conveyed to the detenu under S. 8 (1), read as under:

"You are being detained in pursuance of a detention order... on the ground that you have been acting in a manner prejudicial to the Maintenance of supplies and services essential to the community, as evidenced by the particulars given below:

On 3-7-1972, at dead of night you along with your associates kept concealed 20 bundles of Telegraph Copper Wire weighing 3 qutls. 60 kgs. in your court-yard under earth with a view to dispose of the same in opportune moment. The said Telegraph copper wire were recovered on 3-7-1972 on the basis of the confession of your associates. The police seized those copper wire and arrested your associates but you evaded arrest. This activity of yours seriously affected one of the essential services to the community by disrupting Telegraph facilities to the public and thus you acted in a manner prejudicial to the maintenance of supplies and services essential to the community.

You are hereby informed that you may make a representation to the State Government against the detention order... your case shall be placed before the Advisory Board within thirty days from the date of your detention under the order.

You are also informed that under Section 11...(Act 26 of 1971) the Advisory Board, shall if you desire to be heard, hear you in prison..."

Sd/- K. L. Gupta

19-2-73

District Magistrate, West

Dinajpur,

Balurghat".

4. In answer to the Rule Nisi issued by this Court, Shri Sukumar Sen, Deputy Secretary, Home (Special) Department Government of West Bengal filed the counter-affidavit, explaining that the District Magistrate who passed the order of detention is at present not available for affirming the affidavit as he has been transferred from the said District. In para 4 of the affidavit, it is stated:

"It appears from the records that after receiving reliable information relating to the illegal anti-social and prejudicial activities of the above-named detenu-petitioner relating to the maintenance of supplies and services essential to the community, the said District Magistrate of West Dinajpur passed order of detention against him under the provisions of the said Act".

5. In para 7, it is averred:

"I further state that it appears from the record that the petitioner is a veteran copper wire stealer. It was found on 3-7-72 that the petitioner and his associates kept concealed about 20 bundles of telegraph cable wire underground in the court-yard of his house with a view to dispose the same at opportune moment. The said removal of copper wire from the telegraph lines resulted in disruption of telegraph service and he was detained under the said Act".

In paragraph 9 of the affidavit it is inter alia stated that the "statements made