JOYDEB GORAI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The District Magistrate, Burdwan passed the order impugned in this petition on July 14, 1971 directing the petitioner's detention under sub-sec. (1) read wth sub-section (3) of Sec.3 of the West Bengal (Prevention of Violent Activities) Act, being President's Act XIX of 1970, on the ground that such detention was necessary "with a view to preventing him from acting in any manner prejudicial to the maintenance of public order". In pursuance of the order the petitioner was arrested on August 6, 1971 when he was furnished, as required by the Act, the grounds of detention.

(2.) There is no dispute that consequent upon the passing of the said order that Government of West Bengal and the other relevant authorities under the Act duly took all consequential steps such as the reporting to and obtaining the Government's order of approval reporting to the Central Government, disposal of the petitioner's representation referring the petitioner's case to the Advisory Board and obtaining its opinion etc. within the respective times prescribed by the Act.

(3.) Two grounds questioning the validity of the said order and the detention thereunder were, however, urged by Mr. Lakshminarasu, appearing for the petitioner amicus curiae. The first was that the first ground in the grounds of detention was irrelevant and therefore vitiated the entire order. The second was that there was undue delay in the confirmation by the State Government of the detention order and the continuance of detention thereunder after the expiry of three months of detention. The first ground in the grounds of detention runs as follows: