BAIDYA NATH GHUNAKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner before us challenges the order of detention by which he was put under arrest under Art. 32 of the Constitution.

(2.) The said order was passed against the petitioner by the District Magistrate, Burdwan on the 3rd April,1971 in exercise of powers conferred by sub-s. (1) read with sub-s. (3) of S. 3 of the West Bengal (Prevention of Violent Activities) Act, 1970. The petitioner was arrested on the 6th April 1971 when he was served with grounds for detention. The District Magistrate had reported about the passing of the detention order together with grounds of detention and other particulars to the State Government on the 3rd April, 1971. The report and particulars were considered by the Government on the 13th April and the detention order was approved on the same day. The State Government also submitted a report to the Central Government in accordance with the provisions contained in sub-s. (5) of S. 3 of the Act. The petitioner made a representation against his arrest on the 3rd May, 1971. On the 4th May, 1971 the State Government placed the case of the petitioner before the advisory Board under S. 10 of the Act. It appears that the representation of the petitioner was received by the State Government in its Home Department on or about 10th May, 1971. The representation appears to have been considered by the Government on the 8th June 1971 and rejected on the same day. Nevertheless the representation was sent up to the Advisory Board for its consideration. The Board after considering the materials placed before it and after hearing the detenu petitioner in person submitted its report to the State Government on the 14th June 1971 to the effect that there was sufficient cause for detention of the petitioner. By order dated 3rd July 1971 the State Government confirmed the order of detention in exercise of powers conferred by sub-s. (1) of S. 12 of the Act. The communication of the confirmation of the order of detention was claimed to have been made by a memo dated 23rd August, 1971 through the Additional Superintendent of Police who was directed to serve the same upon the petitioner immediately.

(3.) The above dates are culled from the affidavit of Chandi Charan Bose, Deputy Secretary, Home (Special) Department, Government of West Bengal. The deponent claims to have made the affidavit on the basis of the relevant records available to the Government of West Bengal, as also authority from the State Government to affirm the affidavit on behalf of the respondent to the petition, the District Magistrate of Burdwan.