MOHAMMAD MUNNA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These are petitions under Article 32 challenging the detention made under the West Bengal (Prevention of Violent Activities) Act 1970 (hereinafter called the Act). In these Writ Petitions the opinion of the Advisory Board has been confirmed by the State Government on respective dates, which are beyond 3 months from the date of arrest of the petitioners. We have in the judgment pronounced in Writ Petition No. 218 of 71 = (reported in AIR 1972 SC 1924) held that the confirmation and commuincation by the Government of the order of detention beyond 3 months makes the detention illegal. Mr. P. K. Chatterjee who appeared for the State of West Bengal brought to our notice that President has promulgated emergency and wanted time to examine that order when these matters came up for hearing yesterday, the 6th December, 1971. They were adjourned till today for facilitating him to produce the order. He has reported that he has not been able to get any definite information whether Article 21 and 22 have been suspended by the President under Article 359. We are now informed by the Registrar that no such order has been made. We are, therefore, free to consider these cases. W. P. No. 231 of 1971.

(2.) The order of detention in this case was made on 11-1-71, on which date the State Government was also informed. The detenu was arrested on 17-1-71 and served with the orders of detention and the grounds therefor. The State Government approved the detention order on 19-1-71 and on the same day made a report to the Central Government. The case was placed before the Advisory Board on 15-2-71. Two representations were made by the detenu on 4-2-71 and 13-2-71. These representations were considered by the State Government and rejected on 6-3-71. The Advisory Board gave its opinion on 27-3-71 and the detention order was confirmed by the State Government on 4-8-71. W.P. No. 284 of 1971.

(3.) The order of detention in this case was made on 2-4-71, on which date the State Government was also informed. The detenu was arrested on 8-4-71, on which date the orders of detention and the grounds therefor were also served on the detenu. A report was made to the State Government on 2-4-71 and the State Government approved that order on 10-4-71. On the same day it sent a report to the Central Government. The case was placed before the Board on 7-5-71. Before that a representation was received on 23-4-71, which was considered by the Government are rejected on 8-6-71. The Advisory Board's opinion was given on 14-6-71 which was confirmed by the State Government on 21-8-71. W. P. No. 285 of 1971.