Given under my hand and seal of office.
For the reasons given in the judgment in that petition the impugned order must be held to be bad.
The State Government approved the order of detention on July 26, 1971 and on the same day reported the matter to the Central Government.
The case of the petitioner was referred to the Advisory Board on August 16, 1971.
Sd M. Gupta 16/7/71 District Magistrate, Birbhum.
The order of detention and the grounds of detention were served upon the petitioner on July 18, 1971.
The petition has been resisted by the respondent and the affidavit of Shri Chandi Charan Bose, Deputy Secretary, Home Special Department, Government of West Bengal has been filed in opposition to the petition.
R. Khanna, J. K.K. Mathew J. companycurring This is a petition through jail under Article 32 of the Constitution of India for the issuance of a writ of habeas companypus by Keshav Roy who has been ordered to be detained under Section 3 pf the West Bengal Prevention of Violent Activities Act, 1970 Presidents Act No.
19 of 1970 , hereinafter referred to as the Act.
The same day the order of detention was passed by the District Magistrate, that is, July 16, 1971 he sent a report about the making of the order to the State Government.
The order of detention was companyfirmed on October 16, 1971.
The Advisory Board made a report on September 16, 1971 to the effect that there was sufficient cause for the detention of the petitioner.
Representation dated July 28, 1971 of the petitioner was received by the State Government and was rejected on August 16, 1971.
M. Shelat The order of detention impugned in this petition is in identical terms as the one in Writ Petition 322 of 1971 Ananta Mukhi Atlanta Hari v. The State of West Bengal .
19 of 1970 , make this order directing that the said Shri Keshab Roy be detained.
The order of detention which was made against the petitioner reads as under No.
Consequently, the respondent State is directed to release the petitioner and set him at liberty forthwith.
2925 C ORDER Dated, Suri, the 16th July, 1971.
Whereas I am satisfied with respect to the person known as Shri Keshab Roy, son of Shri Kalipada Roy of Dubrajpur Lalb azar , P.S. Dubrajpur, Dist.
