Case: Abdul Aziz Vs. The Distt. Magistrate Burdwan &amp; Ors

1. This is a petition under Article 32 of the Constitution for the issue of a writ of habeas corpus for the release of the petitioner2. On 16th November, 1971 the District Magistrate Burdwan, West Bengal, passed an order under the Maintenance of Internal Security Act, 26 of 1971, that the petitioner be detained "with a view to preventing him from acting in any manner prejudicial to the maintenance of public order". The petitioner was arrested on 17th December 1971 and on the same date the grounds of detention were served on him. The petitioners case was placed before the Advisory Board on 7th January 1972, his representation was received by the Government on 13th January 1972 and was rejected on 22nd February, 19723. Two grounds were furnished to the petitioner in justification of the order of detention. It was stated firstly, that the petitioner and his associates were members of an extremist party (CPI-ML), that on 16th August 1971, they armed themselves with lethal weapons like firearms, choppers and daggers with a view to promoting the cause of their party, that they raided the house of one Durgapada Rudra and murdered him and that the aforesaid incidents created a general sense of insecurity, as a result of which the residents of the locality could not follow their normal avocations for a considerable period. The second ground of detention is that on 22nd May, 1971 the petitioner and his associates raided the house of Smt. Kshetromoni Choudhury Mallick who was staying in that house. This incident is also stated to have created a general sense of insecurity amongst the residents of the locality.

Reasoning:
The petitioners representation was received by the Government on 13th January 1972 and was rejected on 22nd February 1972. Apparently therefore there was delay in considering the representation but the affidavit of the Deputy Secretary Home (Special) Department, Government of West Bengal, shows that the representation could not be considered earlier because although the war with Pakistan had ended, its after-effects were still looming large in West Bengal and the officers of the State Government had to take appropriate steps for the return of the refugees who had taken shelter in West Bengal. The delay, thus, is satisfactorily explainedWe see no merit in this contention. In the first place, under Entry 3 of List III of the Seventh Schedule to the Constitution, Parliament has the power to legislate on "Preventive detention for reasons connected with the security of a State, the maintenance of public order, or the maintenance of supplies and services essential to the community". Section 3 (1) (a) (ii) of the Act confers powers on the Central Government and the State Government to pass orders of detention with a view to preventing any person from acting in any manner prejudicial to the security of the State or the maintenance of public order. This power cannot be controlled by anything stated in the long title of the Act. Besides, the long title describes the Act as one for providing for detention for the purpose of maintenance of internal security and "matters connected therewith". "Internal Security" is an expression of width sufficient to comprehend the concept of public order. Internal disturbance can threaten the security of the State and such disturbances may assume grave proportions so as to have a direct impact on public order.