SHYAMAL KUMAR SARKAR 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 alleged to be in illegal custody.

(2.) The petitioner was arrested on 13-4-1971 under an order of detention passed by the district Magistrate. Hawrah, in the exercise of his powers 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 referred to as the Act), with a view to prevent him from acting in any manner prejudicial to the maintenance of pubic order. The petitioner was served with the order of detention and also the grounds of detention together with a vernacular translation thereof on 13-4-1971. The District Magistrate reported to the State Government on 8-4-1971 about the passing on the detention order together with the grounds of detention and all other particulars relating to the case. The State Government considered the report and approved the detention order on 17-4-1971 under sub-section (4) of Section 3 of the said Act. The State Government submitted its report to the Central Government on 19-4-1971 in accordance with the provisions of sub-s. (5) of Section 3 of the said Act together with the grounds of detention and the other particulars. The State Government placed the case of the detenu before the Advisory Board under Section 10 of the act of 12-5-1971. The representation of the petitioner received on 11-5-971 by the State Government was considered by the State Government and it was rejected on 9-6-1971. The Advisory Board, after considering the materials placed before it and after hearing the petitioner submitted its report to the state Government on 18-6-1971, recording its opinion that there was sufficient cause for detaining the petitioner. The State Government, in the exercise of the powers conferred by sub-sec. (1) of Section 12 of the Act confirmed the order of detention of the petitioner on 9-7-1971 and that was communicated to the petitioner by a Memorandum dated 26-7-1971.

(3.) The grounds of detention communicated to the petitioner are: