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1974 Supreme(SC) 32

R.S.SARKARIA, V.R.KRISHNA IYER
Bhut Nath Mete – Appellant
Versus
State Of W. B. – Respondent


Advocates:
P.K.CHAKRAVARTI, S.J.S.FERDNANDEZ

Judgment

KRISHNA IYER, J.:- The petitioner undergoing inhibitive incarceration in West Bengal, seeks this Court s writ to be liberated on grounds of substantive innocence and processual injustice. Judicial vigilance is the price of liberty and freedom of the person is a founding faith of our Republic. So it behoves us to examine the legal circumstances of the detention in the light of the constitutional constraints under Article 22 and the procedural safeguards of the Act (the Maintenance of Internal Security Act, 1971).

2. A brief calendar bearing on the landmark events, giving the core facts relevant to the legality of the detention, is necessary right at the beginning. The order of the District Magistrate, Bardwan, which cast the petitioner into jail recited that he was satisfied that with a view to preventing the petitioner from acting in any manner prejudicial to the maintenance of supplies and sercvices essential to the community the direction for detention under Section 3 of the Act was being made, impeccably adhering to the mantra of the law. The grounds which induced the authority s satisfaction were concomitantly furnished as required by Section 6 (1), read with Secti
























































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