PRESIDENT OF INDIA Vs. SUSHANTA GOSWAMI

JUDGEMENT

(1.) This is a petition under Article 32 of the Constitution by Sushanta Goswami and 46 others for a writ in the nature of Habeas Corpus challenging the detention of the petitioners under the provisions of the Preventive Detention Act 1950, hereinafter called the "Act".

(2.) Petitioner No. 4 Krishna Mondal and Petitioner No. 21 Madhu Kanjilal are stated to have been released. No orders need be made with regard to them. As regards petitioners Nos. 2, 8, 9, 15, 22, 24, 32, 41 and 47 their matters will be taken up for consideration later as the State has been directed to file further affidavits. We now proceed to dispose of the cases of the other petitioners.

(3.) Petitioner No. 1 (Sushanta Goswami) -This petitioner was detained by an order of the District Magistrate 24 Parganas dated July 30, 1968. His detention was directed underSection3 (2) of the Act on the ground that it was necessary with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. The grounds were supplied to him and he made a representation to the Advisory Board which after hearing the petitioner and considering his representation, expressed its opinion that there was sufficient cause for his detention. Consequently the detention order dated July 30, 1968 was confirmed on September 20, 1968 by the Government of West Bengal. The grounds for detention have been perused by us. According to the first grounds the petitioner had been committing offences of forming unlawful assembly, assaulting the police and peaceful inhabitants snatching away cash and valuables, teasing school girls and criminal intimidation. The instances which were given are seven out of which it is necessary to mention only the following which are typical: