BIDHAN CHANDRA BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a petition through jail under Article 32 of the Constitution of India for the issuance of a writ of habeas corpus by Bidhan Chandra Biswas who has been ordered to be detained by the District Magistrate, 24 Parganas under Section 3 of the West Bengal (Prevention of Violent Activities) Act, 1970 (President's Act No. 19 of 1970).

(2.) According to the order of detention which was passed by the District Magistrate on April 3, 1971, the order was made as it was considered necessary to prevent the petitioner from acting in any manner prejudicial to the maintenance of public order. The petitioner in pursuance of the detention order was arrested on April 25, 1971 as earlier, according to the affidavit filed on behalf of the respondents, he was found to be absconding. Grounds of the detention were served upon the petitioner on the day he was arrested. In the meanwhile, on April 8, 1971 the District Magistrate sent a report to the State Government about the passing of the detention order along with the grounds of detention and other necessary particulars. The said report and particulars were considered by the State Government and the order of detention was approved on April 13, 1971. The same day the State Government submitted a report to the Central Government along with the grounds of detention and other necessary particulars. On May 24, 1971 the State Government placed the case of the petitioner before the Advisory Board. A representation dated May 31, 1971 was received by the State Government from the petitioner on June 4, 1971. The State Government considered the representation and rejected the same on July 1, 1971. The representation was also forwarded to the Advisory Board. The Advisory Board after considering the material placed before it as well as the representation and after hearing the petitioner in person, submitted its report to the State Government on July 3, 1971. Opinion was expressed by the Advisory Board that there was sufficient cause for the detention of the petitioner. By an order dated July 16, 1971 the State Government confirmed the detention order.

(3.) The petition has been resisted by the respondents and the affidavit of Shri Manoranjan Dey, Assistant Secretary, Home (Special) Department, Government of West Bengal has been filed in opposition to the petition.