PANKAJ KUMAR CHAKRABARTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) 37 Persons detained under Section 3 (1) (a) (ii) and (iii) read with Section 3 (2) of the Preventive Detention Act, IV of 1950 filed this petition against orders of detention passed against them by the District Magistrates of Howrah, Midnapore and Purulia, West Bengal. We are, however, concerned only with Subodh Chandra Barik and Guhiram Gope, petitioners 15 and 36, as the rest of them have since then been released. The petition came up for hearing on April 11, 1969 before Sikri and Bachawat JJ. who referred it to a larger Bench as the question involved in this petition was of substantial importance. That is how this petition has come up before us for disposal.

(2.) Petitioners in W. P. 448 of 1969, pending in this Court and who are detained under the Jammu and Kashmir Preventive Detention Act, applied for intervention as the point involved in this petition also arises in their petition and that having been allowed, Mr. Garg representing them appeared before us supporting the contentions raised on behalf of petitioners 15 and 36.

(3.) The order of detention against petitioner Barik was passed on March 23, 1968 by the District Magistrate, Midnapore, as he was satisfied that with a view to preventing the petitioner from acting in a manner prejudicial to the maintenance of supplies and services essential to the community it was necessary to detain him. The District Magistrate reported to the State Government his said order on March 27, and the Governor approved the same on April 1, 1968. As required by Section 3 (4) of the Act the Governor reported the case to the Central Government. The petitioner was taken into custody on September 16, 1968 when he was served with the said order and the grounds therefor. His case was placed before the Advisory Board on September 21, 1968 under Section 9 of the Act. On October 21, 1968 the petitioner made his representation against the said order to the State Government. On November 6, 1968 the Advisory Board, after considering his case as also his said representation, gave its opinion that there was sufficient cause for his detention and thereupon the Governor, by his order dated November 11, 1968, confirmed the said order. The petitioner filed a petition in the High Court at Calcutta against the said order but that was dismissed.