SHYAMAL MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This petition under Article 32 of the Constitution challenges the validity of the order dated March 2, 1971 passed by the District Magistrate, 24 Pargana, in exercise of the powers conferred on him under sub-section (1) read with sub-section (3) of Section 3 of the West Bengal (Prevention of Violent Activities) Act, 1970 Act No. XIX of 1970 (hereinafter to be referred as the Act) , directing the detention of the petitioner.

(2.) The impugned order states that the District Magistrate was satisfied that it ,was necessary that the petitioner should be detained with a view to prevent him from acting in any manner prejudicial to the security of the State or the maintenance of public order as provided by Section 3 (1) of the Act.

(3.) According to the affidavit in reply of the District Magistrate, he reported under Section 3(4) of the Act to the State Government on March 5, 1971 regarding the fact of his having passed the order of detention together with the grounds of detention and all other particulars having a bearing on the same. It is further stated that the petitioner was arrested on March 5, 1971 and was served on the same day with the order of detention together with the grounds for passing the order of detention. The petitioner was also informed that he is entitled to make a representation to the State Government against the order of detention and that such representation is to be addressed to the Assistant Secretary, Home (Special) Department, Government of West Bengal and forwarded through the Superintendent of Jail. He was further informed that his case will be placed under Section 10 of the Act before the Advisory Board within 30 days from the date of the order of detention. He was also informed that under Section 11 of the Act; the Advisory Board shall, if so desired by him, hear him in person and that the petitioner must intimate the said desire to be heard in the representations that he may make to the State Government.