NISHI KANTA MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a petition through jail for the issuance of a writ of habeas corpus by Nishi Kanta Mondal 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. The order of detention reads as under:

(2.) In pursuance of the above order, the petitioner was arrested on 8-7-1971 and was served with the order as well as the ground of detention on the same day. On July 10, 1971 the District Magistrate sent report to the State Government about his having passed the order for the detention of the petitioner. The grounds of detention and other necessary particulars were also sent along with the report The State Government, after considering the report and other particulars, approved the detention order on July 17, 1971. Representation made by the petitioner against his detention was received by the State Government on July 30, 1971. The representation was considering by the State Government and rejected on August, 5, 1971. The case of the petitioner was placed before the Advisory Board on August 6, 1971. The petitioner's representation was also sent to the Advisory Board. The Advisory Board, after considering the material placed before it as well as the representation sent by the petitioner and after giving him a hearing in person, submitted its report to the State Government on September 14, 1971. Opinion was expressed by the Advisory Board that there was sufficient cause for the detention of the petitioner. The State Government passed an order on October 5, 1971 confirming the order for the detention of the petitioner. The confirmation order was thereafter communicated to the petitioner.

(3.) The petition has been resisted by the State of West Bengal and the affidavit of Shri Chandi Charan Bose, Deputy Secretary, Home (Special) Department, Government of West Bengal has been filed in opposition to the petition.