The detenu was arrested on November 13, 1968 and was served with the grounds of detention both in English and in vernacular on the same day.
the State Government.
That in the night of 3 10 68 between 11.50 p.m. and 1.30 a.m. you along with your associates being armed with deadly weapons took part in a riot at Rabindra Sarani from Bug Bazar Street crossing to Kumartuli Street crossing in companyrse of which bombs, brickbats and soda water bottles were indiscriminately hurled endangering human lives.
Later on the Commissioner of Police sent back the representation dated 13th January, 1969 to the Home Department.
By an order dated 8th January, 1969 the Governor was pleased to companyfirm the order of detention.
According to the Commissioner of Police it was on the same lines as the representation dated 13th January, 1969.
On 19th November, 1968, the Governor was pleased to approve the said order of detention under section 3 3 of the Act and on the same day the Governor submitted the report to the Central Government under section 3 4 of the Act together with grounds and other particulars having bearing on the necessity of the order.
3846 D.D. S dated 13th November, 1968 passed by the Commissioner of Police, Calcutta in exercise of powers companyferred on him by section 3 2 of the Act.
You are hereby informed that you may make a representation to the State Government against the detention order and that such representation should be addressed to the Assistant Secretary to the Government of West Bengal, Home Department, Special Section, Writers Buildings, Calcutta and forwarded through the Superintendent of the Jail in which you are detained as early as possible.
After the receipt of these representations the same were sent by the Home Department to the Commissioner of Police for his report.
But the representations of the petitioner were number received back from the Commissioner of Police with his letter of the 1st April, 1969.
You are also informed that under section 10 of the Preventive Detention Act, 1950 Act IV of 1950 the Advisory Board, shall, if you desire to be heard, hear you in person and that if you desire to be so heard by the Advisory Board you should intimate such desire in your representation to the State Government.
32 of the Constitution of India for a writ in the nature of habeas companypus.
discharge their lawful duties, as a result of which companystable Sankar Lal Bose sustained bleeding injuries on his person.
It appears that on the 13th January, 1969 and 16th January, 1969 the detenu made representations.
On 15th November.
On receipt of this numberice the State Government refrained from passing any order on the representation dated 13th January, 1969.
On 7th December, 1968, his case was placed before the Advisory Board under section 9 of the Act.
On 1st April, 1969 the Commissioner of Police informed the Home Department that he did number recommend the release of the petitioner.
ORIGINAL JURISDICTION Writ Petition No.
Following are the facts as they emerge from the affidavits on record The detenu was detained by an order No.
102 of 1969.
On 6th January, 1969, the Advisory Board after companysideration of the materials placed before it was of the opinion that there was sufficient cause for detention of the petitioner.
Vinoo Bhagat, for the petitioner.
Petition under Art.
The petitioner had number submitted any representation to the State Government till then.
P. Mitra, G.S. Chatterjee for Sukumar Basu, for the respondents.
The Judgment of the Court was delivered by Sikri, J. This is a petition under Article 32 of the Constitution by Shyamal Chakraborty who has been detained under the Preventive Detention Act, 1950 hereinafter referred to as the Act .
Three grounds have been urged by the learned companynsel why we should issue a writ of habeas companypus directing his release 1 that the detenus representation was number companysidered by the Government, 2 that the grounds furnished to the detenu mentioned offences under the Indian Penal Code and cannot be used for the purpose of detaining the detenu except in emergencies and 3 that the grounds do number have any relation to the maintenance of public order.
1968, the Commissioner of Police reported the fact of such detention of the petitioner together with the grounds and other particulars having bearing on the necessity of the order to.
