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1974 Supreme(SC) 125

H.R.KHANNA, P.K.GOSWAMI
Milan Banik – Appellant
Versus
State Of W. B. – Respondent


Advocates:
DILIP SINHA, G.N.Rao, G.S.CHATTERJEE

Judgment

KHANNA, J.:- Milan Banik petitioner was ordered by District Magistrate Burdwan to be detained under Section 3 of the Maintenance of Internal Security Act, 1971 (act 26 of 1971) with a view to prevent him from acting in any manner prejudicial to the maintenance of public order. In pursuance of the detention order, the petitioner was arrested on July 23, 1973. The petitioner has now filed this petition through jail under Article 32 of the Constitution for a writ of habeas corpus.

2. After making the detention order on June 1, 1973 the District Magistrate sent report to the State Government about his having made the detention order along with the grounds of detention and other necessary particulars. The State Government approved the detention order on June 12, 1973. The petitioner at the time of his arrest on July, 23, 1973 was served with the order of detention as well as the grounds of detention together with vernacular translation thereof. The case of the petitioner was placed before the Advisory Board on August 7, 1973. The same day the State Government received a representation from the petitioner. The said representation after being considered was rejected by the State Go













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