Judgment

KHANNA, J.

( 1 ) THIS is a petition under Article 32 of the Constitution of India by Chotta Hembram for the issuance of a writ of habeas corpus.

( 2 ) AN order for the detention of the petitioner was made under sub-section (2) of Section 3 of the Maintenance of Internal Security Act, 1971 (Act 26 of 1971) (hereinafter referred to as the Act), by the District Magistrate of Burdwan on 3/07/1972. The petitioner by means of this petition challenged the validity of the aforesaid order for his detention. From the reply filed on behalf of the State of West Bengal it would appear that the petitioner was released on 28/04/1973 and a fresh order for the detention of the petitioner was made on 26/04/1973 by the District Magistrate of Burdwan during the pendency of the present petition.

( 3 ) THE present petition, it may be mentioned, was sent from jail by the petitioner on 22/02/1973. The petitioner is now being detained in pursuance of the fresh order of detention dated 26/04/1973. It is the validity of this later order of detention which is now being assailed before us on behalf of the petitioner.

( 4 ) AFTER hearing Mr. Datta, who has argued the case amicus curiae, and Mr. Kshtriya