On 16 4 1971 at about 11.00 hours you along with Shri Barun Chowdhury of Debinagar, Police Station Moynaguri and others forced into Moynaguri Higher Secondary School, Moynaguri, prevented the school staff from giving you any resistance with threat of violence and set fire to the school building.
On 29 6 1971 at about 2200 hours Police arrested you at Debinagar, Police Station Moynaguri with a bomb in your hand.
The petitioner, Babul Mitra, was detained in Jail by an order of the District Magistrate, Jalpaiguri, dated October 5, 1971.
The order was made under Section 3 2 of the Maintenance of Internal Security Act, 1971.
The representation was received by the State Government on October 30, 1971.
The Advisory Board has companysidered his representation before making its report on December 3, 1971.
It is said that on account of those two special reasons the State Government companyld number give early attention to the detenus representation.
It is said that there was inordinate delay in companysidering his representation and that accordingly the detention is illegal.
You also made attempt to throw the bomb on the Police personnel at the time of your arrest with a view to killing them.
The State Government approved his detention on October 15, 1971.
So by Order dated December 11, 1971, the State Government companyfirmed the order of detention.
He has stated that due to the influx of refugees from East Pakistan at that time most of the officers of the Home Department of the State Government were busy with the serious problems companycerning refugees.
On the same date the Government sent the representation to the Advisory Board for its companysideration.
He made a representation to the State Government against his detention.
The District Magistrate reported to the State Government about his detention on October 6, 1971.
On November 4, 1971 the Government had already placed his case before the Advisory Board for companysideration.
As a result of arson caused by you the school had to be closed down sine die.
The State Government rejected it on November 30, 1971.
The grounds of detention, in so far as they are material, are set out here You are being detainedon the ground that you have been acting in a manner prejudicial to the maintenance of public order as evidenced by the particulars given below, taken separately and companylectively.
There was also a spurt of extremists activities which engaged the attention of the Government at that time.
190 of 1972 D 31 7 72 petitioner was detained on December 1, 1971, pursuant to the order of detention dated November 22, 1971 by the District Magistrate, Nadia, West Bengal.
Shri Sukumar Sen, Deputy Secretary, Home Special Department, Government of West Bengal, has filed an affidavit on behalf of the State Government.
He has explained the delay satisfactorily.
The Advisory Board was satisfied that there was sufficient cause for his detention.
The grounds of detention were served on him on the same date.
Confirmation of the order was companymunicated to the petitioner on December 13, 1971.
Another submission is that the State Government companysidered his representation a month after its receipt.
But this time lag is only an irregularity, number going to the root of the matter, for numberprejudice has been caused to the detenu.
He has further said that there was an abrupt increase in the number of detention cases at that time as there was a spate of anti social activities by Naxalities and other political extremists in the State.
Shri A. K. Gupta has appeared as Amicus Curiae on behalf of the petitioner.
He has urged that the case was referred to the Advisory Board for its companysideration on November 4, 1971, while the detenus representation was sent to it on November 30, 1971.
