UJJAL MANDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Article 32 of the Constitution for the issue of a writ in the nature of Habeas Corpus and for the release of the petitioner who is alleged to be kept in illegal detention.

(2.) On 11-5-1971, the petitioner was arrested under an order made on 29-4-1971, by the District Magistrate, 24 Parganas, in the exercise of his power under sub-section (1) read with sub-section (3) of Section 3 of the West Bengal (Prevention of Violent Activities) Act, 1970 (President's Act No. 19 of 1970), hereinafter called the Act. A copy of the grounds of detention was served on the petitioner as required by section 8 of the Act on 11-5-1971. The District Magistrate reported to the State Government on 4-5-1971 to the State Government on 4-5-1971 about the passing of the order of detention and the detention order was approved by the State Government on 10-5-1971. The case of detenu was placed before the Advisory Board (thereinafter called the Board) on 9-6-1971. Two representations were received by the State Government from the petitioner. They were rejected by orders dated 8-6-1971 and 7-7-1971. The representations were also forwarded to the Board. The Board was of the opinion that there was sufficient cause for the detention and it submitted its report to the State Government on 12-7-1971. The State Government confirmed the order of detention on 17-8-1971 and that was communicated to the detenu on 21-8-1971.

(3.) The only point taken on behalf of the petitioner in this writ petition is that since the detention order was confirmed by the State Government only on 17-8-1971, it was beyond 3 months from the date of detention, namely 11-5-1971, and therefore, the detention of the petitioner after the expiry of 3 months from the date of detention was illegal.