NIREN BASU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These are petitions for the issue of writs in the nature of Habeas Corpus in respect of the detention of the petitioners under the Preventive Detention Act (4 of 1950) as amendmed by the Preventive Detention (Amendment) Act (Act 2 of 1954).

(2.) The petitioners are all associated with what is known as the Dock Mazdoor Union, Port Commissioner, Calcutta. In view of the arguments addressed to us in respect of each one of the several cases before us, it will be necessary hereafter to deal with the case of each individual petitioner. There was, however, a point of law raised by learned counsel appearing on behalf of the petitioners which affects all these cases. We must, therefore, first deal with, the point which concerns all these applications.

(3.) Mr. S. K. Basu appearing on behalf of the petitioners impugned all the orders of detention as being illegal and without jurisdiction on the ground that the orders concerned on the face of them indicated that the satisfaction required under the statute on the part of the functionary mentioned in Sub-section (2) of Section 3 concerned only one of the two matters set out under Items (ii) and (iii) of Clause (a) of Section 3 of the Act. To make the point intelligible, we would state that the initial order of detention was in each case passed by the Commissioner of Police, Calcutta, and in each order it was alleged that the detention concerned was on the ground that the person involved was acting in a manner prejudicial to the maintenance of public order. Section 3, Preventive Detention Act is in the following terms: