ASWINI KUMAR BANERJEE Vs. STATE

JUDGEMENT

(1.) This Rule was issued on an application under section 491 of the Code of Criminal Procedure, praying for a writ and/or order and/or direction in the nature of habeas corpus filed on behalf of the detenu, Bikas Banerjee and is against the State of West Bengal through the Secretary, Home Department, the District Magistrate, 24-Parganas and the Superintendent of the Dum Dum Central Jail.

(2.) The detenu was detained under sub-section (1) read with sub-section (3) to section 3 of the West Bengal (Prevention of Violent Activities) Act, 1970 (President's Act No. 19 of 1970 by an order No. 96 of 1970 dated the 18th December, 1970 passed by the District Magistrate, 24-Parganas. His detention commenced on and from the 21st December, 1970 and the order of detention was confirmed on 27.3.71 as would appear from the averments in paragraph 3(i) (a), (c) and (h) of the affidavit-in-opposition affirmed on 19.5.71 by the respondent No. 2, District Magistrate, 24-Parganas. A copy of the said order is annexed to the petition and marked as annexure 'B'. The grounds of detention which are three in number, have also been annexed to the petition and marked as annexure 'C'.

(3.) The Rule was issued on the 21st April, 1971 and the prayer for bail was refused at that stage. Subsequently on an application for bail filed on the 29th April, 1971, J. Sarma Sarkar and A. P. Das, JJ. by their order dated the 23rd June, 1971 were pleased to grant bail to the detenu on certain conditions and restrictions. A further order was passed by J. Sarma Sarkar and A.P. Das, JJ. on the 22nd June, 1971 that the learned Advocate-General should be served with a notice of the matter inasmuch as vires of the Act was challenged. The Rule came up thereafter for hearing before this Bench and at the time of the hearing of the Rule, Mr. S. K. Acharya, Senior Advocate (with Mr. D. P. Kundu, Advocate) appearing on behalf of the detenu submitted that he would not press the vires point but argue only on the point of confirmation of the order of detention beyond three months of the date of detention, vitiating the same thereby. The learned Advocate-General who was present in court to argue on the vires point, thereupon prayed for being released from his obligations and the said prayer was allowed. Mr. Dilip Kumar Dutt, Advocate (with Mr. Bhaskar Sen, Advocate) thereafter argued on behalf of the respondents. An affidavit-in-opposition affirmed on the 19th May, 1971 by respondent No. 2, District Magistrate, 24-Parganas and another affidavit-in-opposition affirmed on the 7th May, 1971 by Shri Khagendra Nath Banerjee, Inspector of Police, attached to the District Intelligence Branch, 24-Parganas were filed on behalf of the respondents while an affidavit-in-reply affirmed on the 31st May, 1971 by the applicant was filed on behalf of the detenu.