on may 17 1971 the state government approved the said order.
the grounds also informed the petitioner that he companyld make a representation to the state government that his case would be put up before the board and that the board would grant him a personal hearing if he so desired.
these allegations were denied in the companynter affidavit filed on behalf of the state government the assertion therein being that there was reliable material before the district magistrate relating to the illegal and antisocial activities prejudicial to the maintenance of public order.
on 5 4 1971 at about 10.30 hours you along with others forcibly entered into moynaguri higher secondary school.
while committing the arson in the above school you also threatened the teaching staff and the duftry of the school with death if they would dare to give you any resistance or divulge your name to any authority holding you responsible for the arson.
besides the detenus case was placed before the advisory board together with his representation and other relevant materials and according to the report of the board there was sufficient material justifying the in the absence of any definite material before us it is number possible to accept the extremely vague allegations made by the petitioner.
on june 7 1971 that is within 30 days from the date of detention the petitioners case was placed before the advisory board constituted under s. 9 of the act.
number 246 of 1969 decd.
on the same day the state government reported the fact of the passing of the said order and its approval to the central government.
on july 9 1971 the board reported that there was in its opinion sufficient cause for the petitioners detention thereupon the state government by its order dated july 29 1971 companyfirmed the detention order under s. 12.
the grounds for detention served on the petitioner stated that the order was passed in view of his acting in a manner prejudicial to the maintenance of public order as evidenced by the particulars given below.
under article 32 of the companystitution of india for a writ in the nature of habeas companypus.
after companypleting the operation you placed a bomb in the school premises endangering the life of the teaching staff and the students.
k. dhingra for the petitioner.
in pursuance of that order the petitioner was arrested on may 9 1971 and was detained in jail.
these particulars were on 1 12 70 after midnight you along with other entered into the headmasters room of moynaguri higher secondary school police station moynaguri after breaking open the doors and set fire to books registers a typewriter furniture etc.
the petitioner made his representation which he was entitled to make by virtue of s. 8 i .
original jurisdiction writ petition number 308 of 1971.
he also alleged that some rival parties who were in league with the police had falsely involved him in the incidents referred to in the grounds and got the district magistrate to issue the said detention order.
the judgment of the companyrt was delivered by shelat j. on may 7 1971 the district magistrate jalpai guri in exercise of power companyferred upon him by s. 3 3 of the west bengal prevention of violent activities act 1970 presidents act 19 of 1970 passed an order under sub sec.
that was received by the state government on may 27 1971.
the petitioner was furnished as required by the act with the grounds for his detention at the time when his arrest was effected.
the state government considered that representation but rejected it by its order dated july 1 1971.
police station moynaguri and set fire to the office room and the headmasters room of the school with the help of kerosene oil causing damage to books almirahs and other articles.
on that very day the district magistrate reported to the state government the fact of his having passed the said order.
k. chatterjee g. s. chatterjee for the respondent.
and that it was after careful examinational of that material that the impugned order was passed.
1 of that section directing the detention of the petitioner.
causing heavy loss to the school.
the case of the detenu as stated in the petition was that he was at first arrested on suspicion on april 23 1971 in connection with g. r. case number 812 of 1971 but was released on bail as there was numberevidence against him.
the order recited that the district magistrate was satisfied that it had become necessary to detain the petitioner with a view to preventing him from acting in any manner prejudicial to the maintenance of public order.
