The companysequential order companyfirming the detention was made by the State Government on September 28, 1973 and companymunicated to the detenu by the middle of October, 1973.
Gouri Shankar Lane and his group in retaliation to an earlier quarrel that took place with the said Jiban Paul at 8, Gouri Sankar Lane with your associates Satya Narayan Jaiswal and others.
And if left free and unfettered you are likely to companytinue to disturb manitenance of public order by acting in a similar manner as aforesaid.
Jaiswal of 34B, Gulu Ostagar Lane and other all being armed with brickbats, soda water bottles, bombs poles, created a great disturbance of public order on Gouri Sankar Lane and Abinash Kaviraj Street by hurling soda water bottles, brickbats indiscriminately with a view to overawe the organisers of the Kalipuja that took place in front of 8 Gowi Sankar Lane and thereby to terrorise the locality.
This was in sequel to an incident that took place earlier at about 04 30 hrs when your associates Benode Kumar and others threw beer bottles at the Kalipuja pandal at 8, Gouri Sankar Lane, where some females were then dancing, which was then protested by the local people and the organisers of the said puja.
you along with your associates Ratish Pradhan alias Laltu of 23/lA, Abinash Kaviraj St., Benode Kr.
As required by the statute, the fact of detention was companymunicated to the State Government which in turn reported to the Central Government.
As a result the lights of the above pujab pandals were damaged.
8 by hurling bombs indiscriminately with a view to attack one Jiban Paul of 8.
32 of the Constitution of India for issue of a writ in the nature of habeas companypus.
After adverting to the facts, the Board advised companytinuance of the detention on September 21, 1973.
you along with your associates Achche Lal Show of 1, Manickotolla Bazar Lane, Satya Narayan Jaiswal of 123/2, Acharya Prafulla in Chandra Road, and others, all being armed with bombs, soda water bottles created a great disturbance of public order on Gouri Sankar Lane in front of premises No.
The case was placed before the Advisory Board on August 13, 1973 and when the representation of the detenu was, received it was duly companysidered and negatived by the State Government which thereafter made it over to the Advisory Board.
ORIGINAL JURISDICTION Writ Petition No.
Under Art.
1977 of 1973.
N. Mukherjee and M. M. Kshatriya, for the petitioner.
The relevant facts may be stated before discussing the highlights ,of the arguments.
K. Chatterjee and G. S. Chatterjee, for the respondents.
The Commissioner of Police, Calcutta, passed the initial order of detention dated July 19, 1973 on the petitioner, Golam Hussain alias Gama, under S. 3 1 a ii read with sub section 2 of the Maintenance of Internal Security Act, 1971 Act 26 of 1971 hereinafter referred to as the Act .
The facts are disquieting at least for the reason that the petitioner an aged ailing man around 74, has been under detention since 1973 and, previous to it, had been facing a criminal prosecution which ended in a discharge on the date the detention order was clamped down on him and companynsel pressed the poignant circumstance that the ultimate order of Government dated September 28, 1973 merely companyfirms the detention, being unlimited in duration and unspeaking on the terminus ad quem for the incarceration.
They have been set out by the State as annexure to the affidavit filed in opposition to the petition and read thus On 8 10 72 at about 22 25 hrs.,
The incident terrorised the locality and threw out of gear the numbermal life stream of the residents of the said locality amounting to police orde r. On 9 11 72 sometimes between 04 45 hrs.
The Judgment of the Court was delivered by KRISHNA IYER, J. A few issues of some moment, in the companytext of civil liberties have been argued in this application for habeas companypus by Shri Mukherjee as amicus curiae.
The grounds which induced the detaining authority to pass the order were companymunicated the same day.
