Judgment

A. ALAGIRISWAMI, J.:- The petitioner has been detained under the provisions of, the Maintenance of Internal Security Act in pursuance of an order passed by the Commissioner of Police of Calcutta on 24-4-1974. The grounds for detention order are:

1. That at about 05.40 hours on 9-5-73, you along with your associates about 10 in number forcibly scabed over the boundary wall of Garden Reach -Workshop, manufacturing defence materials, at 61, Garden Reach Road, Calcutta and when resisted by the Security Staff of the said workshop, you along with your said associates, being reinforced by about 25 others assembled and formed a violent mob on an open plot of land beyond the western boundary wall of the said workshop and incessantly hurled brickbats, which continued till 08.00 hours, aiming at the Security Staff of the said workshop creating serious disturbances there. As a result 3 Security Personnel viz. Gurdit Singh, Ratan Singh and Hasib Khan of the said workshop sustained injuries on their person at the aforesaid date, time and place. In consequence, fear, frightfulness and insecurity prevailed amongst the workmen and authorities of the above workshop leading to the suspension of defence production for some time in the said workshop in general and in the Drum Plant (of the workshop) in particular which was prejudicial to the maintenance of Public Order.

2. That at about 12.05 hours on 24-5-73 you along with your associates being armed with pistol and bombs formed and unlawful assembly on Transport Depot Road, Calcutta and created a great disturbance of public order by exploding high explosive bombs on Transport Depot Road, Calcutta near the workers gate of M/s. Lipton Tea Co. at the aforesaid date and time with a view to terrorising the local people as well as the workers of the said company. As a result of your action, as aforesaid, widespread panic and confusion were created in the above area and thereby affected the maintenance of public order."

It appears that in respect of the two incidents mentioned in the two grounds there were two FIRs filed before the Police. In respect of the first incident it is GR 1036/73 and in respect of the second incident it is GR 1246/73. In respect of the 1st incident case No. 102 under Sections 451, 148, 149 and 324 I.P.C. and Section 9 of the West Bengal M.P.O. Act was filed before the Police Magistrate, Alipore against the petitioner, Bibhuti Dutta and Sakti Pada Dutta. In respect of the 2nd incident case No. l18 under Ss. 148, 149 and 307 I.P.C. Sections 3 and 5 of the Essential Supplies Act and Sections 25 and 37 of the Arms Act was filed before the Police Magistrate, Alipore against the petitioner and three others, Bibhuti Dutta, Sakti Pada Dutta and Raghu Nath Show. On 24-4-1974 in both these cases the Police applied before the Magistrate requesting that the petitioner may be discharged for his detention under the Maintenance of Internal Security Act. The same action was taken against Bibhuti Dutta and Sakti Pada Dutta also. It, however, appears that detention orders in respect of both Bibhuti Dutta and Sakti Pada Dutta were revoked because the Advisory Board reported that there was no sufficient cause for their detention. It would appear that both of them had appeared before the Advisory Board whereas the petitioner did not. We do not know whether the non-appearance of the petitioner before the Advisory Board had anything to do with the different result in this case. It should, however, be mentioned that the petitioner did make a representation on 22-5-74 and this representation after it was considered by the State Government was also forwarded to the Advisory Board which submitted its report on 26-6-74. The detenu made another representation on 1-7-74 asking for personal hearing but that was not forwarded to the Advisory Board.

2. The validity of the order has been attacked on the following grounds:

1. That the grounds furnished to the petitioner indicate that they relate to mainten