FOGLA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These petitions for the issuance of the writ of habeas corpus concern two different detenus and arise out of detention orders passed on different dates. But the orders of detention suffer from a common vice and it would thus be convenient to dispose of the two petitions by one judgment.

(2.) Writ Petition No. 1856 of 1973:

(3.) In answer to the Rule Nisi issued by this Court an affidavit has been filed by the Deputy Secretary, Home (Special) Department, Government of West Bengal. In paragraph 7 of that affidavit it is stated that the record discloses that the petitioner is a person of "dangerous and desperate habits". It is obvious that this was one of the reasons for which the petitioner was detained but that was never communicated to the petitioner. He had therefore no opportunity to make an effective representation to the Government against the order of detention. The detention is therefore violative of Article 22 (5) of the Constitution and must be set aside.