Judgment

BHAGWATI, I.:- This is a petition for a writ of habeas corpus under Art. 32 of the Constitution challenging the validity of the detention of the petitioner under an order of detention dated 3rd November, 1973 passed by the District Magistrate, Malda under sub-section 11) read with sub-section (2) of S. 3 of the Maintenance of Internal Security Act, 1971. The questions raised in this petition are of importance as they affect the fundamental right of personal liberty which is one of-the most cherished fundamental rights guaranteed by the Constitution. It is necessary to state the facts giving rise to this petition in so far as they are material to a proper understanding of the important issues involved this petition.

2. The District Magistrate, Malda passed an order of detention dated 3rd November, 1973 under sub - section (1) read with sub-section (2) of S. 3 of the Act directing that the petitioner be detained on the ground that it was necessary so to do "with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies and services essential to the community." Within two days after the making of the order of detention, that is on 5th Novembe