SRIDAM SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a petition through jail under Art. 32 of the Constitution for the issuance of a writ of habeas corpus by Sridam Saha, 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.). According to the detention order, it was made with a view to preventing the petitioner from acting in any manner prejudicial to maintenance of public order.

(2.) The order of detention was made by the District Magistrate on June 23, 1971. The petitioner was arrested in pursuance of the detention order on June 28, 1971 and was served with the order of detention as well as the grounds of detention together with vernacular translation thereof. The same day, i.e., on June 28, 1971 the District Magistrate sent report to the State Government about the passing of the detention order along with the grounds of detention and other necessary particulars. The State Government considered the matter and approved the detention order on July 3, 1971. Necessary report was also sent on that day by the State Government to the Central Government. On July 14, 1971 the State Government received a representation from the petitioner. The said representation, after being considered by the State Government, was rejected on July 27, 1971. The State Government placed on July 27, 1971 the case of the petitioner before the Advisory Board. The representation of the petitioner was also sent to the Advisory Board. Another representation was thereafter sent by the petitioner on August 12, 1971. The said representation was rejected by the State Government on August 27, 1971 and was thereafter forwarded to the Advisory Board. The Board, after considering the material placed before it and after hearing the detenu in person, sent its report to the State Government on August 30, 1971. Opinion was expressed by the Board that there was sufficient cause for the detention of the petitioner. On September 8, 1971 the order for the detention of the petitioner was confirmed by the State Government. The confirmation order was thereafter communicated to the petitioner.

(3.) Affidavit of Shri Hironmoy Chakravarty, Assistant Secretary, Home (Special) Department, Government of West Bengal has been filed in opposition to the petition. Mrs. Bagga has argued the case amicus curiae on behalf of the petitioner, while the State has been represented by Mr. Chatterjee.