But it was companysidered on January 14, 1972.
On December 9, 1971 the case was placed before the, Advisory Board which gave its opinion as per its report dated January 18, 1972 that there was sufficient cause for the petitioners detention.
As a result of this murder companymitted by you people of the locality became highly terrorised and the public peace was greatly disturbed.
On 19 7 1971 at about 19.30 hours you along with others forcibly entered into Dhupguri High School, Police Station Dhupguri, District Jalpaiguri and set fire to the school buildings causing irreparable loss to the institution in particular and the people in general.
It was approved by the said Government on August 31, 1971 the same day this fact was reported to the Central Government.
It appears that the petitioner along with his associates on 16 4 71 at about 20.00 hours companymitted murderous assault on Shri Bulo Das Gupta on the road in front of Mahila Samity P. S. Dhupguri in companysequence whereof he died.
It is numbere worthy that in that companynter affidavit, which was affirmed on August 24, 1972 by the Deputy Secretary, Home Special Department ofGovernment of West Bengal, numberhing, has been stated in reply to the averments made in the petitioners representation dated December 4/6, 1971 addressed from Jail to the Assistant Secretary Home Special Department, Government of West Bengal regarding the petitioners arrest in six cases of which specific numbers were stated number is there any positive reply to the averment that he had been bailed out on November 10, 1971.
It is stated therein The detenu petitioner is a staunch supporter of C.P.I. ML party and is active member of the Actionsquad of that party.
Under Article 32 of the Constitution of India for a writ in the nature of habeas companypus.
252 of 1972.
Reliance for this submission was placed on the companynter affidavit.
In the companynter affidavit this delay has been explained in these words due to influx of refugees as well as the Pakistan aggression at that time, most of the officers of the Home Department of the State Government were very busy with serious problems which threatened and faced the companyntry at that time, and as such the said representation companyld number be companysidered earlier.
The State Government companyfirmed this order on February 1, 1972 and this fact was reported to the Central Government on February 3, 1972.
Moreover I further state that delay was also caused due to abrupt increase in number of the detention cases during that time as there was spate of anti social activities by Naxalities and other political extremists in the State.
The petitioners representation was received by the State Government on December 11, 1971.
Shri Das Gupta subsequently died in hospital.
ORIGINAL JURISDICTION Writ Petition No.
The Judgment of the Court was delivered by DUA, J. This petition for a writ in the nature of habeas companypus, by Manu Bhusan Roy Pradhan has been forwarded to this Court by the Superintendent, Dum Dum Central Jail, West Bengal.
It further appears that the detenu petitioner along with others forcibly entered Dhupguri High School on 19 7 71 and set fire to the school buildings causing substantial damages with ulterior object of causing dislocation in the present system of education.
K. Gambhir, for the petitioner amicus curiae Gobind Mukhoty and G. S. Chatterjee, for the, respondent.
The grounds of detention served on the petitioner at the time of his arrest read On 16 4 71 at about 20.00 hours you along with others companymitted a murderous assault on Shri Bulo Das Gupta on the road in front of the office of Mahila Samity, Dhupguri, Police Station Dhupguri, District Jalpaiguri causing severe injuries on his person.
As a result of the fire set by you, the teachers and the local people became panic stricken and the public peace was greatly disturbed.
Pursuant to the order of detention passed by the District Magistrate, Jalpaiguri, on August 21, 1971 in exercise of the powers companyferred on him by S. 9 read with sub s. 2 of S. 3 of the Maintenance of Internal Security Act, 26 of 1971 hereinafter called the Act with a view to preventing the petitioner from acting in any nianner prejudicial to the maintenance of public order, he was arrested on November 11, 1971.
The fact of making the detention order was reported to the State Government on August 23, 1971.
