JAYANARAYAN SUKUL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner made an application under Article 32 of the Constitution requiring the respondent to show cause as to why the petitioner should not be released.

(2.) At the conclusion of the hearing of this petition on 15 October, 1969 we directed the release of the petitioner and stated that the reasons would be given later on. We are stating our reasons for the order.

(3.) On 5th June, 1969 the District Magistrate 24-Parganas, West Bengal made an order under Section 3 (2) of the Preventive Detention Act, 1950 (hereinafter called the Act) for the detention of the petitioner. On 7th June 1969 the petitioner was arrested and on the same day grounds of detention were served on the petitioner. On 9th June, 1969 information was given to the State Government. On 14th June, 1969 the Governor was pleased to approve the order of detention and on the same day the Governor sent the report to the Central Government under Section 3 (4) of the Act together with the grounds of detention. On 23rd June, 1969 the petitioner made a representation to the State Government. On 1st July, 1969 the State Government placed the case of the petitioner before the Advisory Board under Section 9 of the Act together with the said representation. On 13th August, 1969 the Advisory Board after consideration of the materials placed before it was of the opinion that there was sufficient cause for the detention of the petitioner. On 19th August, 1969 the State Government is alleged to have rejected the petitioner's representation. By an order dated 26th August, 1969 Governor was pleased to confirm the order of detention of the petitioner.