Judgment

RAMASWAMI, J.: In this case the petitioners have obtained a rule calling upon the respondent, viz., the State of West Bengal to show cause why a writ of habeas corpus should not be issued under Article 32 of the Constitution directing their release from detention under orders passed under Section 3 (2) of the Preventive Detention Act, 1950 (Act IV of 1950), hereinafter called the Act .

2. Cause has been shown by Mr. Debabrata Mukherjee and other Counsel on behalf of the respondent to whom notice of the rule was ordered to be given.

3. The case of the petitioners will be considered in the following three groups: (1) Petitioners Nos. 2, 4, 5, 6, 16, 17, 20 and 26, (2) Petitioners Nos. 1, 3, 7, 10, 12, 13, 19 and 22, (3) Petitioners Nos. 8, 9 and 21. By the order of this Court dated October 18, 1968, the cases as regards Petitioners Nos. 11, 14, 15, 18, 23, 24, 25, 27 to 30 were dismissed as they were reported to have been released.

4. As regards Petitioner No. 5, Subhas Chandra Bose @ Kanta Bose, the order of detention was made on January 20, 1968 by the District Magistrate, Howrah and reads as follows:

"No. 202/C Dated, Howrah, the 20th January, 1968.

WHEREAS I am satisfied with