PARIMAL SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a petition under Article 32 of the Constitution by which the petitioner challenges his detention under the West Bengal (Prevention of Violent Activities) Act, 1970 (hereinafter called the Act).

(2.) An Order of detention was made by the District Magistrate, 24-Parganas under sub-section (3) of Section 3 of the Act directing the petitioner to be detained with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. A report in this regard was made to the State Government as required under the Act on 22-7-71. The Petitioner was arrested on 21-7-71 and was served with the grounds of detention on the same date. The State Government approved the detention on 29-7-71 and on the same day it reported to the Central Government in accordance with the provisions contained in sub-sec. (5) of Sec. 3 of the said Act together with the grounds of detention and other particulars having a bearing on the necessity of the order. On 3-8-71, the State Government received the representation from the petitioner which after full consideration, it rejected on 16-8-71 and forwarded it to the Advisory Board for its consideration. On or about 17-8-71, a second representation was received from the petitioner. In this second representation, the petitioner inter alia stated that he had been absent from Gobordanga, Police Station Habra and was away at Hooghly where he had fallen ill. He produced a medical certificate in support of his contention. The State Government considered the representation after due examination of the medical certificate and the contentions raised by the petitioner in his said representation and rejected it on 6-9-71. It, however, forwarded this representation of the petitioner also to the Advisory Board for its consideration. The Advisory Board considered the representation placed before it and after hearing the petitioner in person submitted its opinion to the State Government on 10-9-71 that there was sufficient cause for detention of the petitioner. By an Order dated 16-10-71, the State Government in exercise of the powers conferred by sub-section (1) of Section 12 of the said Act confirmed the said order of detention which was communicated to the petitioner on 29-10-71.

(3.) It will thus appear from the various steps taken from the time the Order of detention was made to the time of confirmation by the State Government, of the opinion of the Advisory Board,, and its communication to the detenu that the mandatory provisions of the Act have been fully complied with in that the serving of the grounds on the petitioner, the report made to the State Government, its approval, the receipt of the representations, their consideration, placing of the petitioner's case before the Advisory Board, the report of the Advisory Board to the State Government and the confirmation by the State Government have all been done within the time specified in Sub-sections (4) and (5) of Section 3, Section 8, Section 10, sub-section (1) of Section 11 and Section 12. The confirmation by the State Government is also within three months of the date of detention. The sole ground upon which the detention of the petitioner for acting in a manner prejudicial to the maintenance of Public order has been stated as under:-