LAWS(TRIP)-2020-3-40

BIPLAB BISWAS Vs. UNION OF INDIA

Decided On March 11, 2020
Biplab Biswas Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioner,being a detenu,by means of filing the present writ petition, has challenged the detention order dated 6.7.2019, grounds of detention, the order dated 17.7.2019 conveying State Government's approval to the order of detention,and further communication dated 03.09.2019 confirming the detention order to be continued until theexpiration of 12(twelve) months from the date of detention.

(2.) We have heard Mr. Somik Deb, learned counsel appearing for the petitioner. Also heard Mr. H. Deb, learned Asstt. S.G. appearing for the respondent-Union of India as well as Mr. Ratan Datta, learned P.P. appearing for the State-respondents.

(3.) The detaining authority,while issuing the order dated 6.7.2019 has stated that after taken into consideration the previous records and activities in respect of the detenu, he found that the detenu-petitioner was involved in the activities,like murder, threatening to do murder, kidnapping, abduction, arson, dacoity, rape by creating law lessness in order to destabilize the Government, which were seriously affecting public peace and tranquility as well as the security of the State. The detaining authority has mentioned in his order that the petitioner was involved in connection with the following police cases: Besides, Bodhjungnagar Police Station has initiated number of G.D. Entriesunder Sections 107/110 of CrPC against the petitioner on receipt of complaints and prosecution report vide No.331/2018 dated 30.12.2018, No. 187/2019 dated 7.4.2017, No.290/2018 dated 7.11.2018 and No.249/2019, which according to the detaining authority, aptly provesthat the detenu, accused person is a habitual criminal, active anti-social and rowdy.