TAPAN KUMAR MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These are four habeas corpus petitions by which the petitioners challenge their detention under the West Bengal (Prevention of Violent Activities) Act, 1970 (Act No.19 of 1970) - hereinafter called 'the Act'.

(2.) In Writ Petition No. 315 of 1971 the detention order was passed by the District Magistrate, Burdwan, on April 6, 1971 which was reported to the State Government on the same date and the State Government approved it on April 17, 1971. The petitioner was arrested on April 15, 1971 on which date the order of detention and the grounds were served on him. A representation was made by the detenu on April 29, 1971 which was rejected by the State Government on May 11, 1971. The case was placed on the same day before the Advisory Board and it reported on June 22, 1971 that there was sufficient cause for detaining the petitioner. The order of conformation of detention and extension of the period was made by the State Government on July 7, 1971.

(3.) In Writ Petition No.318 of 1971 the detention order was made by the District Magistrate, 24 Parganas on May 15, 1971 and the petitioner was arrested on May 16, 1971, on which date he was served with the detention order and the grounds. The order was duly approved by the State Government on May 25, 1971 and reported to the Central Government on the same date. The petitioner forwarded his representation on June 26, 1971 which was rejected by the State Government on July 13, 1971. On June 14, 1971 the case was placed before the Advisory Board which considered the grounds of detention sufficient on July 16, 1971. The State Government confirmed the detention order and extended the period upto August 2, 1971.