Judgment

SARKARIA, J. :- As similar questions of fact and law arise in these two petitions under Article 32 of the Constitution, they will be disposed by this common judgment.

2. Petitioner in Writ Petition No. 1678 of 1973 is in detention since January 15, 1972 in pursuance of an order, dated January 14, 1972, passed under Section 3(2) of the Maintenance of Internal Security Act, 1971 (for short, the Act) by the District Magistrate, Burdwan. The detention order, as confirmed by the Government on April 12, 1972 under Section 12(1) of the Act directs that the detention "will continue till the expiration of 12 months from the date of his detention or until the expiry of Defence of India Act, 1971 whichever is later."

3. In response to the Rule Nisi issued by this Court, Shri Sukumar Sen, Deputy Secretary, Home (Special) Department, Government of West Bengal filed a counter-affidavit in para 4 of which it is averred :

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

4. In para 7 of the counter, it is said that "it appears from the records, that the detenu-petitioner is a "veteran copper wire criminal". Two instances of thefts of copper wire or cable used for tele-communication services, which took place on December 19, 1971 and December 22, 1971, are also mentioned.

5. The grounds of detention that had been communicated to the detenu, read, as under :

(1) That on 19-12- 1971 at about 00-30 hrs. you along with your associates including (1) Md. Kasim son of Md. Mandal of Kashi Mohalla, P. S. Asansol, Dist. Burdwan (2) Hyder Ali son of Bachchu Md. of Talpukuria, P. S. Asansol, Dist. Burdwan, took away 40 kgs underground copper wire cable used for the purpose of tele-communication service from St. Patric school compound, P. S. Asansol, Dist. Burdwan. As a result of this theft important tele-communication service between Panagarh Army Base Camp and Patna was totally disrupted for long 6 hours causing much inconvenience to the people.

(2) That between 23.30 hrs. on 22-12-71 and 00.30 hrs. on 23-12-71 you along with your associates including (1) Md. Kasim son of Md. Mandal of Kasimohalla P. S. Asansol, Dist. Burdwan (2) Hyder Ali, son of Bachcha Md. of Talpukuria, P. S. Asansol, Dist. Burdwan took away 80 Kgs. underground copper wire cable used for the purpose of tele-communication service from St. Patric School compound, P. S. Asansol, Dist. Burdwan. By your act important tele-communication service Panagarh Army Base Camp and Patna was totally disrupted for long 8 hours to the sufferings of the people."

6. Mr. Malviya, who assisted the Court as amicus curie has canvassed these contentions :

(i) The impugned order says that the petitioner has been detained with a view to preventing him from acting in a manner prejudicial to the maintenance of Supplies and Services essential to the community". Theft of tele-communication wire or cables, may disrupt services essential to the community but it has no connection with the Maintenance of supplies . In S. 3(1)(a)(ii) the conjunction "and" is to be read as "or", and "supplies" and "services" disjunctively, being two different and distinct matters. The ground with regard to "supplies" is thus ir-relevant and vague, and since no particulars whatever of this ground were communicated to the detenu, the detention order was violative of Cl. (5) of the Article 22 of the Constitution;

(ii) The period of detention fixed under the impugned order is indefinite and uncertain inasmuch as it has been made co-extensive with another indefinite and uncertain period viz., the life of the Defence of India Act, 1971. In this way, the impugned order indirectly infringes the mandate of Article 22(7)(b) of the Con