MADAN MALIK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a petition through Jail under Article 32 of the Constitution of India for the issue of a writ of habeas corpus by Madan Malik, who has been ordered by the District Magistrate 24-Parganas to be detained under Section 3 of the West Bengal (Prevention of Violent Activities) Act, 1970 (President's Act No 19 of 1970) (hereinafter referred to as the Act) "with a view to preventing him from acting in any manner prejudicial to the maintenance of public order."

(2.) Affidavit on behalf of the respondent-State was filed by Shri Hironmoy Chakraborty, Assistant Secretary, Home (Special) Department, Government of West Bengal. The case was argued amicus curiae by Mr. Harjinder Singh on behalf of the petitioner and by Mr. Kshatriya on behalf of the respondent. After hearing the learned counsel, we passed an order on May 3, 1972 for the release of the petitioner and stated that the reasons in support of our order would be given later. We now proceed to set out those reasons.

(3.) The order for the detention of the petitioner was made by the district Magistrate on July, 2, 1971. He was arrested in pursuance of the said order on July 3, 1971 and was served with the detention order as well as the ground of detention together with vernacular translation thereof. Report along with necessary particulars about the making of the detention about the making of the detention order was sent by the District Magistrate to the State Government and the said Government, after giving the matter its consideration, approved the detention order on July 12, 1971.The same day report was sent to the Central Government by the State Government about the making of the detention order. One July 31, 1971 the State Government received a representation from the petitioner. On August 1, 1971 the case of the petitioner was placed before the Advisory Board. The representation sent by the petitioner was considered by the State Government and was rejected on September 9, 1971. The representation was thereafter forwarded to the Advisory Board. The Advisory Board, after considering the material before it and the representation of the petitioner and after hearing him in person, submitted its report of the State Government on September 10, 1971. Opinion was expressed by the Board that there was sufficient cause for the detention the petitioner. The State Government of in exercise of the power conferred by sub-section (1) of section 12 of the Act passed on order on October 12, 1971 confirming the order of detention. Intimation about the confirmation was thereafter sent to the petitioner.