19 of 1970 hereinafter referred to as the Act with a view to preventing him from acting in any manner prejudicial to the maintenance of public order.
A period of more than three months thus elapsed between the date of the arrest of the petitioner in pursuance of the detention order and the Date of the order by which the State Government companyfirmed the detention order.
On July 31, 1971 the State Government received a representation from the petitioner.
Intimation about the companyfirmation was thereafter sent to the petitioner.
Opinion was expressed by the Board that there was sufficient cause for the detention of the petitioner.
The representation was thereafter forwarded to the Advisory Board.
The State Government in exercise of the power companyferred Sub section 1 of Section 12 of the Act passed an order on October 12, 1971 companyfirming the order of detention.
After hearing the learned Counsel, we passed an order on May 3, 1972 for the release of the petitioner and stated that the reasons in support of our order would be given later.
Affidavit on behalf of the respondent State was filed by Shri Hironmoy Chakraborty, Assistant Secretary, Home Special Department, Government of West Bengal.
On August 1, 1971 the case of the petitioner was placed before the Advisory Board.
He was arrested in pursuance of the said order on July 3, 1971 and was served with the detention order as well as the ground of detention together with vernacular translation thereof.
The case was argued by amicus curiae of Mr. Harjinder Singh on behalf of the petitioner and by Mr. Kashtriya on behalf of the respondent.
The same day report was sent to the Central Government by the State Government about the making of the detention order.
The representation sent by the petitioner was companysidered by the State Government and was rejected on September 9, 1971.
The Advisory Board, after companysidering the material before it and the representation of the petitioner and after hearing him in person, submitted its report to the State Government on September 10, 1971.
It would appear from the above that though the petitioner was arrested in pursuance of the detention order on July 3, 1971, the order for the companyfirmation of the detention order under Section 12 of the Act was made by State Government on October 12, 1971.
The failure of the State Government to companyfirm the detention order within three months from the date of companymencement of detention, in our opinion, would render the further detention of the petitioner sic ???
Report along with necessary particulars about the making of the detention order was sent by the District Magistrate to the State Government and the said Government, after giving the matter is companysideration, approved the detention order on July 12, 1971.
We number proceed to set out those reasons.
The order for the detention of the petitioner was made by the District Magistrate on July 2, 1971.
Khanna, J. This is a petition through jail under Article 32 of the Constitution of India for the issue of a writ of habeas companypus by Madan Malik, who has been ordered by the District Magistrate 24 Parganas to be detained under Section 3 of the West Bengal Prevention of Violent Activities Act, 1970 Presidents Act No.
