The order for the detention of the petitioner, as mentioned earlier, was made by the District Magistrate, on February 10, 1971.
opposition to the petition on behalf of the State Government, this Court adjourned the matter on May 5, 1972 to enable the State Government to file an additional affidavit.
The State Government approved the detention order on February 18, 1971.
The petitioner, it is stated, was found to be absconding after the, making of that order and he was arrested on September 24, 1971.
He was then served with the order of detention along with the ground of detention together with vernacular translation thereof.
Opinion was expressed by the Advisory Board that there was sufficient cause for the detention of the petioner.
In the meanwhile, on February 10, 1971 the District Magistrate sent report to the State Government about the making of the detention order along with necessary particulars.
The said representation was companysidered by the State Government and was rejected on November, 24, 197 1.
On October 28, 1971 the State Government received a representation from the petitioner against his detention.
Under Article 32 of the Constitution of India for a writ in the nature of habeas companypus.
The detenu in that case made a representation to the State Government on June 23, 1969 and the same was rejected by the State Government on August 9, 1969.
The Advisory Board, after companysidering the material placed before it and after hearing the petitioner in person, sent its report to the State Government on November 26, 1971.
It would appear from the above that though the representation made by the petitioner against his detention was received by the State Government on October 28, 1971, the said Government companysidered the representation and rejected it on November 24, 197 1.
When the case was taken up thereafter on May 24, 1972 Mr. Chatterjee.
85 of 1972.
The case of the petitioner was placed on October 23, 1971 by the State Government before the Advisory Board.
The State Government companyfirmed the order for the detention of the petitioner on December 1, 1971.
As the above delay in companysidering and rejecting the representation had number been explained in the affidavit which was initially filed in.
246 of 1969 decided on September 10, 1969 .
152SupCI/73 learned companynsel for the State, stated that numberadditional affidavit was to be filed on behalf of the State.
The representation was, thereafter sent to the Advisory Board.
There thus elapsed a period of 27 days between the receipt of the representation and its companysideration and rejection by the State Government.
ORIGINAL JURISDICTION Writ Petition No.
Abdus Sukkur thereupon filed the present petition through jail under article 32 of the Constitution to challenge his detention.
L. Chhibber, for the peitioner.
The Judgment of the Court was delivered by Khanna, J. An order was made by the District Magistrate Burdwan on February 10, 1971 under section 3 of the West Bengal Prevention of Violent Activities Act, 1970 Presidents ,Act No 19 of 1970 for the detention of Abdus Sukkur with a view to preventing him from acting in any manner prejudicial to the maintenance of public order.
S. Chatterjee, for the respondent.
In pursuance of that order, Abdus Sukkur was arrested on September 24, 1971.
