DEB SADHAN ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This petition under Article 32 challenges the detention under the West Bengal (Prevention of Violent Activities) Act, 1970 (hereinafter called 'the Act'). It may be mentioned that this and other Writ Petitions were adjourned till the decision of this Court on the validity an vires of the Act which has now been decided in the State of West Bengal v. Ashok Dey, Cri Appeals Nos. 217 to 233 of 1971, D/- 19-11-1971.

(2.) In that case it has been held that the provisions of the Act do not contravene any of the mandates of the Constitution; as such this Petition and the others which had stood over till that decision have come up for consideration as to whether the detentions are legal.

(3.) In this and other petitions three main contentions have been urged on behalf of the respective petitioners by Shri S. K. Mehta who is assisting us as Amicus Curiae. They are (I) Whether the mandatory provisions of the Act have been complied with; (ii) whether the ground are irrelevant or vague and (iii) whether the State Government has confirmed the opinion of the Advisory Board that there was sufficient cause for detaining them within three months, from the date of the detention and whether the communication to the detenu has been made within that period.