SABERUDDIN SHAIKH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Section 491 of the Code of Criminal Procedure by one Saberuddin Shaikh alias Saberali Shaikh, a person now detained in Berhampore Jail under the provisions of the Preventive Detention Act.

(2.) By an order dated October 20, 1962 the District Magistrate of Murshidabad directed the petitioner's detention under Section 3(2) of the Act with a view to preventing him from acting in a manner prejudicial to the maintenance of public order. The detenu was served in due course with the grounds of detention which stated that the petitioner's anti-social activities made it impossible for the administration to maintain peace and public order in the locality with the consequence that the authority concerned upon being personally satisfied as to the truth of the allegations made against him directed the detention. The grounds recited the instances upon which the order of detention had been made. The detenu was informed of his right to make a representation against the order to the Advisory Board. The petitioner made a representation to that Board and having expressed a wish to be heard, he was given a personal hearing. Upon a consideration of the relevant materials the Advisory Board reported that there was sufficient cause for detention. Thereafter, the State Government made an order confirming the order of the District Magistrate complained of.

(3.) The particulars or instances upon which the order was passed having been drawn up in Bengali were communicated to the detenu in the same language. At the hearing of this Rule some doubts having been expressed as to the true import of certain words appearing in particular "Kha", we directed the particulars to be translated by the official translator. The translations were made available to Counsel for the petitioner as well as to Counsel for the State. .