BARUN GANGULI Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) On March 18, 1971, after the arguments were closed we passed an order for release of the detenu reserving the judgment giving reasons for the same.

(2.) We propose to deliver the judgment today giving the reasons for the release of the" detenu.

(3.) The detenu challenged the order of detention passed against him on December 10, 1970, and served upon him on January 18, 1971, after he was arrested. The detention order was passed under Section 3(1) of the Prevention of Violent Activities Act, 1970 (hereinafter referred to as the Act). It has been alleged that the grounds of detention are vague and irrelevant with reference to the object of the Act. It is further urged that the grounds stated are false, non-existent and mala fide. The application was opposed on behalf of the State and an affidavit-in-opposition was served by the detaining authority, viz., the District Magistrate of Hooghly under whose orders the detenu was detained at Hooghly jail. The detaining authority has denied that the grounds are false or mala fide or that they are vague or lacking in necessary particulars. It is also stated that the grounds stated are relevant to the object in view and the order of detention was passed to prevent prejudicial acts leading to disturbance of public order.