Judgment

BHAGWATI, J.:- This is a petition filed by the petitioner for a writ of habeas corpus for quashing and setting aside his detention under the Maintenance of Internal Security Act, 1971. The District Magistrate, 24 Parganas, in exercise of the power conferred upon him under sub-section (1) read with sub-section (2) of Section 3 of the Act, passed on order dated 21st April, 1972 directing that the petitioner be detained as it was necessary to do so with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies and services essential to the community. The fact of the making of the order of detention was reported by the District Magistrate to the State Government on 24th April, 1972, as required by sub-section (3) of Section 3 of the Act. The order of detention was approved by the State Government on 2nd May, 1972 and on the same day the State Government made the necessary report to the Central Government. Pursuant to the order of detention the petitioner was arrested on 11th May, 1972, and immediately on his arrest the grounds on which the order of detention was made were served upon him. These grounds were in the following terms:

"(1) That on the night of 5/6-10-71 you along with your associates cut down and stole away copper wire 1133 metres in length from electric posts Nos. 80 to 85 at Rly. Colony Radhaballavatala, P. S. Nalhati causing disruption to the maintenance of supply of power and light which are essential to the community.

(2) That on the night of 5/7-10-71 you along with your associates cut down and stole away copper wire 1070 metres in length from electric posts Nos. 290 to 293 at Rathtala, P. S. Nalhati, causing disruption to the maintenance of supply of power and light which are essential to the community.

(3) That on the light of 30/31-10-71 you along with your associates cut down and stole away 85 kgs. of copper wire from electric posts Nos. F/11 to F/13 on Ghoshpara Road, Bhatpara, near Rupasree Cinema Hall, P. S. Jagatdal causing disruption to the maintenance of supply of power and light which are essential to the community. Subsequently, you along with your associates were caught redhanded by Shri Lal Baba Jadav and others of Gouripore, Nalhati while you were in the act of carrying the said stolen copper wire".

The petitioner made a representation against the order of detention and the representation was received by the State Government on 25th May, 1972. The State Government thereafter placed the case of the petitioner before the Advisory Board on 29th May, 1972 together with the grounds on which the order of detention was made and the representation of the petitioner and the Advisory Board, after giving a personal hearing to the petitioner, submitted its report dated 18th July, 1972 stating that in its opinion there was sufficient cause for the detention of the petitioner. The State Government thereupon passed an order dated 29th July, 1972 confirming the detention of the petitioner under sub-section (1) of Sec. 12 of the Act. This order of detention is challenged by the petitioner in the present petition.

2. Though at the commencement of the argument three contentions were formulated by the learned Counsel appering on behalf of the petitioner against the validity of the order of detention, two were given up when it became evident in the course of the discussion that they were wholly unfounded and ultimately only one contention was pressed by him on behalf of the petitioner. He contended that all the three grounds on which the order of detention was made related to incidents alleged to have taken place between 5th October, 1971 and 31st October, 1971 and they could not reasonably from the basis for reaching a satisfaction on 21st April, 1972 when the order of detention was made, that the petitioner was acting in a manner prejudicial to the maintenance of supplies and services essential to the community and with a view to preventing him from so acting, it was necessary