Judgment

GOSWAMI, J. :- This habeas corpus petition under Article 32 of the Constitution of India is directed against the order of the District Magistrate, Varanasi, of 3rd September, 1973, whereby the petitioner was detained under sub-section (iii) of clause (a) of sub-section (1) of Section 3 of the Maintenance of Internal Security Act, 1971 (briefly the Act). The order has been passed "with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies and services essential to the community." The grounds of detention were served on the petitioner on 7th September, 1973. Leaving out the prefactory and descriptive portions, the ground of detention may be set out as under :-

Ground No. 3 : "That you and your other associates have been charge-sheeted by Mohania Police on 28-11-1966 for the offence punishable under Section 7, E.C. Act and 125 D.I.R. 1962 and the case is still pending in the Court, Magistrate of Bhabhua (Bihar) as the proceedings have been stayed by the orders of the High Court, Patna".

Ground No. 4 : "That with a view to continue your anti-social activities and to save yourself from the clutches of law you have started a firm under the n