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1973 Supreme(SC) 279

A.ALAGIRISWAMI, H.R.KHANNA
Mrinal Roy – Appellant
Versus
State Of W. B. – Respondent


Judgment

KHANNA, J.:- This is a petition for the issuance of a writ of habeas corpus by Mrinal Roy, who has been ordered by the Commissioner of Police Calcutta to be detained under Section 3 of the Maintenance of Internal Security Act.

2. An order for the detention of the petitioner under Section 3 of the Maintenance of Internal Security Act was made by the Commissioner of Police Calcutta on December 6, 1971. The grounds on which the said order was passed related to the activities of the petitioner on December 27, 1970 and January 23, 1971. The petitioner in pursuance of the aforesaid order was arrested and was kept under detention. While the petitioner was under detention, this Court gave its judgment in the case of Shambhu Nath v. State of West Bengal, Writ Petn. No. 266 of 1972 D/-19-4-1973. In view of that judgment, the petitioner was released on April 23, 1973 under the orders of the State Government. The same day a fresh order for the detention of the petitioner was made by the Commissioner of Police Calcutta under Section 3 of the Maintenance of Internal Security Act. This subsequent order of the detention was made precisely on the same grounds on which the earlier order of d





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