ER 21427 at Gobardanga Railway Station and when challenged by the on duty R.P.F. party you and your associates charged bombs and ballasts on them in order to kill them.
On or about 17 8 71, a second representation was received from the petitioner.
It, however, forwarded this representation of the petitioner also to the Advisory Board for its companysideration.
On 3 8 71, the State Government received the representation from the petitioner which after full companysideration, it rejected on 16 8 71 and forwarded it to the Advisory Board for its companysideration.
It will thus appear from the various steps taken from the time the order of detention was made to the time of companyfirmation by the State Government, of the opinion of the Advisory Board, and its companymunication to the detenu that the mandatory provisions of the Act have been fully companyplied with in that the serving of the grounds on the petitioner, the report made to the State Government, its approval, the receipt of the representations, their companysideration, placing of the petitioners case before the Advisory Board, the report of the Advisory Board to the State Government and the companyfirmation by the State Government have all been done within the time specified in Sub section 10, Sub section 1 of Section 11 and Section 12.
The State Government approved the detention on 29 7 71 and on the same day it reported to the Central Government in accordance with the provisions companytained in Sub section 5 of Section 3 of the said Act together with the grounds of detention and other particulars having a bearing on the necessity of the order.
By an order dated 16 10 71, the State Government in exercise of the powers companyferred by Sub section 1 of Section 12 of the said Act companyfirmed the said order of detention which was companymunicated to the petitioner on 29 10 71.
The State Government companysidered the representation after due examination of the medical certificate and the companytentions raised by the petitioner in his said representation and rejected it on 6 9 71.
A report in this regard was made to the State Government as required under the Act on 22 7 1971.
He produced a medical certificate in support of his companytention.
In this second representation, the petitioner inter alia stated that he had been absent from Gobordanga, Police Station Habra and was away at Hooghly where he had fallen ill.
The petitioner was arrested on 21 7 71 and was served with the grounds of detention on the same date.
An order of detention was made by the District Magistrate, 24 Parganas under Sub section 3 of Section 3 of the Act directing the petitioner to be detained with a view to preventing him from acting in any manner prejudicial to the maintenance of public order.
The Advisory Board companysidered the representations placed before it and after hearing the petitioner in person submitted its opinion to the State Government on 10 9 71 that there was sufficient cause for detention of the petitioner.
You created disturbance of public order thereby.
Your attack grow so violent that RK AW 661 Ghana Shyam Pandey of the R.P.F. party had to fire one round upon you in self defence, which resulted death of one of your associate named Kalipada Sarkar on the spot when you with others fled away.
Jaganmohan Reddy, J. This is a petition under Articles 32 of the Constitution by which the petitioner challenges his detention under the West Bengal Prevention of Violent Activities Act, 1970 hereinafter called the Act .
