32 of the Constitution of India for a writ in the nature of habeas companypus K. Mehta, for the petitioner.
The State Government placed the detention order, the grounds and the report etc.
of companyrse the opinion of the Board need number necessarily be given on the last day of the expiry of the ten weeks.
218 of 1971 Under Art.
ORIGINAL JURISDICTION Writ Petition No.
The Judgment of the Court was delivered by Jaganmhan Reddy J. This petition under Article 32 challenges the detention under the West Bengal Prevention of Violent Activities Act, 1970 hereinafter called the Act .
It is for this reason after the Constitution every legislation dealing with Preventive Detention has made specific provision for companyfirmation and companytinuance of detention in view of the Constitutional mandate companytained in Article 22 4 .
The period of ten weeks for the submission of the report by the Board where Article 22 4 provides for twelve weeks is designedly fixed because that would give the appropriate Governments two weeks to companyfirm and extend the period or number to companyfirm.
A period within which the appropriate Government has to make a reference to the Board, the period within which the Board has to make a report on the sufficiency of the ground for detention is provided for, which has been uniformly one month and ten weeks respectively .
N. Mukherjee, G. S. Chatterjee and Sukumar Basu, for the respondent.
