DEBAN DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These petitions under Article 32 challenge the Order of the District Magistrate detaining them under the West Bengal (Prevention of Violent Activities) Act 1970) (hereinafter called 'the Act'). The main contentions have been set out in Writ Petn No. 218 of 1971 (reported in AIR 1972 SC 1924 which we have just disposed of. These are, namely; (i) Whether the mandatory provisions of the Act have been complied with; (ii) Whether the grounds 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.

(2.) We have also in that petition held that the confirmation by the State Government of the opinion of the Advisory Board that there is sufficient cause for detention, should be made within three months from the date of detention though the communication to the detenu need not be made within that period, but within a reasonable period.

(3.) In Writ Petition No. 219 of 1971 the accused was arrested on 27-2-71 on which date the grounds were served upon him. The detention Order which was made on 24-2-71 by the District Magistrate of the 24-Parganas and reported to the State Government on .26-2-71 was approved by the State Government on 4-3-71. On the same day the State Government made a report to the Central Government. A representation was received from the detenu on 11-3-71 and it was rejected on 27-3-71. The State Government on that very day sent the detention Order, representation and the grounds to the Advisory Board. It appears that the detenu made another representation on 22-4-71 and the State Government rejected that representation on 23-4-71. The opinion of the Advisory Board was received on 4-5-71, which was confirmed on 30-7-71 and communicated to the detenu on 4-8-71. It would appear that though the Advisory Board's opinion was received by the State Government within three months from the date of the detention of the petitioner, it was not confirmed within that time but beyond three months as such the detention is invalid.