Judgment

DUA, J.:- This is a petition by Durga Pada Ghosh under Art. 32 of the Constitution praying for a writ in the nature of habeas corpus on the ground that the order of detention made against him under the Maintenance of Internal Security Act 26 of 1971 (hereinafter called the Act) is void and unconstitutional.

2. The detention order in this case was made by the District Magistrate, Burdwan on December 10, 1971 under sub-ss. (1) and (2) of S. 3 of the Act. The unlawful activities in which the petitioner was alleged to have been indulging are stated in the order of detention as follows:

"1. On 15-9-71 at about 1 p.m. you with your associates viz. Sudhir Dey and others at the point of dagger and exploding bombs snatched away Rupees 1900/- from Shri Krishna Bahadur and Shyamapada Chakraborty of Raj Collegiate School on the road in front of the branch office of the State Bank of India, situated at Burdwan University. By such act in broad day light you created panic and terror and the peaceful citizens of the area felt insecure to come out on the road and their even tempo of life was adversely affected.

2. On 8-11-71 at about 08.45 hrs. you with your associates Sudhir Dey and others at