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1975 Supreme(SC) 153

S.MURTAZA FAZAL ALI, N.L.UNTWALIA
Gopal Mondal – Appellant
Versus
State Of W. B. – Respondent


Judgement

UNTWALIA, J.:- The petitioner has challenged his detention made against him by the District Magistrate, 24 Parganas under Section 3 (1) (2) of the Maintenance of Internal Security Act, 1971. The order of detention was made on August 23, 1973. The petitioner was arrested on 24th August, 1973. Grounds of detention were served on him and a report was made to the State Government by the District Magistrate on August 27, 1973. Other formalities under the law were complied with thereafter. Learned counsel for the petitioner who assisted the Court as amicus curiae submitted two points: (i) that according to the statement of the petitioner in his petition sent from jail, the grounds of detention served on him in Bengali language were materially different from those written originally in English; and. (ii) that the District Magistrate reported the matter to the State Government on August 27, 1973, three days later and not forthwith as required by Section 3 (3) of the Act.

2. We do not find any substance in either of the points urged on behalf of the petitioner. In the counter affidavit it is stated that there was no difference in the grounds served on the petitioner and the ground





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