on august 11 1971 the state government placed the case of the petitioner before the advisory board under section 10 of the act.
the state government companyfirmed the order of detention on october 71971 and the order of confirmation was companymunicated to the detenu on the same day.
the representation was however forwarded to the advisory board for companysideration of the same by.
nrp 1820 and pw 3471 at chitpur rly.
that on 5 7 1971 night again at 20.30 hrs.
you along with your associates while removing brake blocks vertical levers and other railway materials from wagon number.
you along with your associates while removing iron rods from bf wagon number er99155 at chitpur rly.
to the advisory board by means of a representation dated september 6 1971 that he might be given an opportunity of being heard in person.
the board.
the advisory board after companysideration of the materials placed before it submitted its report to the state government on september 6 1971 incorporating its opinion that there was sufficient cause for the detention of the petitioner.
the petitioner prayed.
the state government received a representation from the petitioner on september 8 1971.
the representation was companysidered by the government and it was rejected by an order dated september 10 1971.
this representation was received by the advisory board on september 8 1971 and the board heard the petitioner on september 18 1971.
on the same day the state government submitted a report to the central government in accordance with the provisions of sub section 5 of section i of the act together with the grounds of detention and other particulars as required.
you created disturbance of public order thereby.
the report was considered by the state government on july 21 1971 and the government approved the order of detention passed by the district magistrate.
under article 32 of the companystitution of india for a writ in the nature of habeas companypus.
original jurisdiction writ petition number 35 of 1972.
party had to fire one round in self defence when you all fled away.
k. gambhir for the petitioner.
k. chakravarti and g. s. chatterjee for the respondent.
the judgment of the companyrt was delivered by mathew j. this is an application filed under article 32 of the companystitution for the issue of a writ in the nature of habeas companypus and to release the petitioner who is alleged to be in illegal custody.
on july 14 1971 the district magistrate reported to the state government about the passing of the detention order.
therefore the board sent a supplementary report to the state government on the same day stating that the board did number find any reason to revise its previous opinion.
the grounds of detention companymunicated to the petitioner stated that on 5 7 1971 at about 0530 hrs.
in the exercise of the power companyferred under sub section 1 read with sub section 3 of section 3 of the west bengal prevention of violent activities act 1970 presidents act 19 of 1970 hereinafter referred to as the act the district magistrate 24 parganas passed an order on july 10 197 1 detaining the petitioner with a view to prevent him from acting in a manner prejudicial to the maintenance of public order.
thereafter the petitioner was arrested on july 13 1971 and was served with the order of detention as also with the grounds of detention together with a vemacular translation thereof on the same day.
