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1974 Supreme(SC) 52

D.G.PALEKAR, P.N.BHAGWATI, V.R.KRISHNA IYER
Malwa Shaw – Appellant
Versus
State Of W. B. – Respondent


Advocates:
G.S.CHATTERJEE, S.C.MAJUMDER, S.K.MEHTA, Sukumar Basu

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







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