Judgment

BHAGWATI, J.:- The petitioner, who has filed this petition for a writ of habeas corpus from jail, was detained pursuant to an order dated 23rd May, 1972 passed by the District Magistrate, 24 Parganas under sub-section (1) read with sub-section (2) of S. 3 of the Maintenance of Internal Security Act, 1971 on the ground that it was necessary to detain the petitioner with a view to preventing him from acting in any manner prejudicial to maintenance of supplies and services essential to the community. The communication dated 23rd May, 1972, which was served on the petitioner at the time of his arrest, intimated to him the following ground on which the order of detention was made by the District Magistrate:

"That on 18-12-1971 at about 20.00 hours you along with your associates with a view to commit theft of copper return feeder wire of Railway Traction cut the end of the wire of traction at Post No. 28/23 m between Shyamnagar and Ichhapur. During the operation your associates Shri Lakshman Ch. Das died of electrocution at the post. You and other associates then left the place without picking up the wires which rolled up in a running goods train passing on the line and caused ser