Judgment

PALEKAR, J.:- This is a petition under Article 32 of the Constitution for a Writ or Order in the nature of habeas corpus.

2. The petitioner was detained by an order of the District Magistrate, 24-Parganas, passed on 24-5-1973 in exercise of the powers conferred by sub-section (1) read with sub-section (2) of S.3 of the Maintenance of Internal Security Act, 1971 with a view to preventing the petitioner from in a manner prejudicial to the maintenance of Pubic Order . The petitioner was arrested on 30-5-1973 and the order along with the grounds was served on him on the same day. The grounds are as follows:

"1. On 11-11-1972 at 20.45 hrs. you along with your associates being armed with pipe guns and other deadly weapons attacked the house of Prasanta Sikdar of Nimta, P.S. Dum Dum and severely assaulted the inmates of the house as he opposed your rowdy and anti-social activities. You also threatened the inmates of the house and other by-standers with dire consequences, if they report the matter to local police. Your act created a panic and scare in the locality which disturbed public order.

2. On 30-4-1973 at about 00.30hrs. you along with your associates entered the house of one S