AMAL CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this application under Sec. 491 of the Code of Criminal Procedure, the Petitioner Amal Chakraborty has asked for a writ in the nature of habeas corpus and has challenged the detention of the detenu Ullas Bhattacharyya who has been detained pursuant to an order passed by the District Magistrate, 24 -Parganas, on June 5, 1971, in exercise of his powers under Sub -section (1) read with Sub -section (3) of Sec. 3 of the West Bengal (Prevention of Violent Activities) Act, 1970, hereinafter referred to as the Act). By order No. 305/71 dated June 5, 1971, the detenu was served with the grounds of detention and this detention, was duly confirmed by the State Government in accordance with the provisions of the Act on October 8, 1971.

(2.) Mr. J. M. Banerjee, the learned Advocate appearing on behalf of the State, has taken a preliminary point that the Petitioner has not been properly authorised to move this application under Sec. 491 of the Code of Criminal Procedure. According to Mr. Banerjee, the Petitioner has merely stated in the affidavit to the petition that he is the friend of the detenu in jail and he knows the facts and circumstances of the case. According to Mr. Banerjee, it must be categorically stated in the affidavit that the detenu is not in a position to affirm the affidavit and to file this application. Mr. Banerjee has drawn our attention to Rule 16 of the Rules of this Hon'ble Court relating to applications under Article 226 of the Constitution. This Rule reads as follows:

(3.) Rule 16 of the Rules of the High Court referred to by Mr. Banerjee relates to applications under Article 226 of the Constitution. The present petition has been filed under the provisions of Sec. 491 of the Code of Criminal Procedure. Rule 31, pt. II, chap. XI of the Rules of the High Court (Appellate Side) reads as follows: