you hurled cracker on A.S.I.B. Kundu of Bantra P.S. while he was companying to Howrah along panchanantala Road in a wireless van and caused injury to the A.S.I. and damage to the wireless van.
To Shri Pushkar Mukherjee, s o Late Jaladhar Mukherjee, of Madhyamgram Bireshpally , P.S. Baraset, District 24 Parganas.
Ground number 2 states You have become a menace to the society and there have been disturbances and companyfusion in the lives of peaceful citizens of Baraset and Khardah P.S. areas under 24 Parganas District and the inhabitants thereof are in companystant dread of disturbances of public order.
1, 3, 7, 10, 12, 13, 19 and 22, 3 Petitioners number.
Idris, number 13, Shamsuddin Khan, number 19, Khokan Mitra and number 22, Ranjit Kumar Ghosal, the orders of detention suffer from the same legal defect as the order of detention in the case of petitioner number 1, Pushkar Mukherjee.
It is manifest that this ground is extremely vague and gives numberparticulars to enable the petitioner to make an adequate representation against the order of detention and thus infringes the companystitutional safeguard provided under Art 22 5 Reference may be made in this companynection to the decision of this companyrt in the state of Bombay v. Alma Ram ion of this Court in The State Sridhar Vaidva 1 in which Kania of Bombay v. Atma Ram C.J. observed as follows What is meant by vague ?
You are further informed that you have right to make a representation in writing against this order under which you are detained.
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 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.
On the same date the following grounds of detention were companymunicated to the detenu You are being detained in pursuance of a detention order made under sub section 2 of section 3 of the Preventive Detention Act, 1950 Act IV of 1950 on the following grounds Sup C1/69 8 You have been acting in a manner prejudicial to the maintenance of public order by companymission of offences of riotous companyduct, criminal intimidation and assault as detailed below That on 3 11 65 at about 17/30 hrs.
you along with your associates Harisikesh Samadder and others being armed with dagger, spear and iron rods demanded money for drinks from Shri Joy Nath Roy in his Khatal at Katakhal Ganga Nagar, P.S. Baraset and on his refusal to pay the money you along with your associates dragged him out of his room and assaulted him and his friend Sudhir Ghose causing injuries on their persons.
That on 19 6 1967 evening you along with your associates threatened Sushil Kumar Chakravorty of Madhyamgram with assault when he was returning home from New Barrackpore Rly Station apprehending that he might inform the police for your arrest in companynection with Baraset P.S. Case number 56 dated 24 3 1967 u s 302/394 I.P.C. which was pending investigation.
On May 23, 1968, the Advisory Board reported that there was sufficient cause for detention of the detenu.
while Shri Mahesh Prosad Bhagal son of Balgobinda Bhagal of 16, Belilious Road, P.S. Howrah was playing in an open field, you along with your associates demanded money from him and on his refusal you hurled cracker on him causing grievous injury on his right leg That on 8 6 67 at about 11.40 hrs.
That on 8 7 1967 at about 22.00 hrs.
In the case of petitioners number 3, Barun Kumar Hore, number 7 Karfick Dey, number 10, Ajit Basak, number 12, Sk.
202/C Dated, Howrah, the 20th January, 1968 WHEREAS I am satisfied with respect to the person known as Shri Kanta Bose alias Subhas Chandra Bose son of Shri Sishir Kumar Bose of 26, Nilmoni Mallick Lane, S. and Distt Howrah, that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order it is necessary so to do , therefore, in exercise of the powers companyferred by Section 3 2 of the Preventive Detention Act, 1950 Act IV of 1950 , I make this order directing that the said Shri Kanta Bose alias Subhas Chandra Bose be detained.
That on 8 10 66 at about 16.00 hrs.
B. MAJUMDAR.
Order number 8999 H.S. dated 26 11 1966 and you were released from such detention on 13 3 1967 under Order number 1095 H.S. dated 13 3 1967 during General release.
Sd D.C. Mookerjee District Magistrate Howrah.
you assaulted Shri Ashutosh Dutta son of Shri Pyari Mohan Dutta of 55, C. Ghosh Lane, P.W. Howrah at the crossing of Panchanan Tala Road and M.C. Ghosh Lane, with knife causing bleeding injuries on his hand.
As regards petitioner number 5, Subhas Chandra Bose alias Kanta Bose, the order of detention was made on January 20, 1968 by the District Magistrate, Howrah and reads as follows No.
The case of the petitioners will be companysidered in the following three groups 1 Petitioners number.
Thus from your activities subsequent to your release from detention under the P.D. Act on 13 3 1967 it appears that the detention did number produce the sobering effect on you.
The State of West Bengal to show cause why a writ of habeas companypus should number be issued under Art.
Sd D.C. Mookherjee District Magistrate Howrah.
In pursuance of the provision of Section 7 of the Preventive Detention Act, 1950 Act IV of 1950 as amended by the Preventive Detention Amendment Act, 1952 and 1954, you Shri Pushkar Mukherjee, s o Late Jaladhar Mukherjee of Madhyamgram Bireshpally , P.S. Baraset, 24 Parganas are hereby informed that you are being detained under section 3 1 a ii of the Preventive Detention Act, 1950 on the following grounds That you have been acting in a manner prejudicial to the maintenance of public order by the companymission of offences of riotous companyduct, criminal intimidation and assault as detailed below That on 26 3 1967 at about 11.00 hrs.
If you wish to make such a representation, you should address it to the Assistant Secretary, Govt.
24 Pargan as.
By the order of this Court dated October 18, 1968, the cases as regards petitioners number.
District Magistrate, 9 9 67.
You have become a menace to the society and there have been disturbances and companyfusion in the lives o,f peaceful citizens of Baraset and Khardah P.S. areas under 24 Parganas District and the inhabitants thereof are in companystant dread of disturbances of public order.
11, 14, 15, 18, 23, 24, 25, 27 to 30 were dismissed as they were reported to have been released.
Given under my hand and seal of office.
2, 4, 5, 6, 16, 17, 20 and 26, 2 Petitioners number.
That on 7 1 68 at about 18.30 hrs.
Order number 1233 H.S. dated 15 4 1964 and was released from detention on 4 10 1965.
32 of the Constitution of India for a writ in the nature of Habeas companypus.
That on 23 11 67 at about 22.45 hrs.
Your case will be submitted to the Advisory Board within 30 days of your detention and your representation if received later, may number be companysidered by the Board.
ORIGINAL JURISDICTION Writ Petition No.
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 A intimate such desire in your representation to the State Government.
The Judgment of the Court was delivered by Ramaswami, J. In this case the petitioners have.
179 of 1968.
you along with your associates Kalyan Chakraborty and others again threatened Shri Sushil Kumar Chakraborty of Madhyamgram with assault out of previous grudge when he was returning to his house from New Barrackpore Rly Stn.
Debabrata Mukherjee and P.K. Chakravarti, for the respondent.
Petition under Art.
Lane inside a saloon at 255, Panchanantala Road on previous grudge and being intervened by Shri Shyamal Biswas son of Sandhya Biswas of 255, panchanantala Road, S. Howrah, you whipped out a dagger and assaulted Shri Biswas with the dagger causing injury on his hand.
of West Bengal Home Special Department, Writers Buildings, Calcutta through the Superintendent of your Jail as soon as possible.
32 of the Constitution directing their release from detention under orders passed under s. 3 2 of the Preventive Detention Act, 1950 Act IV of 1950 , hereinafter called the Act.
8, 9 and 21.
obtained a rule calling upon the respondent, viz.,
you accosted one Sushanta Kumar Ghosh son of Manmatha Ghosh of 2/1/1, Danesh Sk.
On March 19, 1968 the Advisory Board made a report under s. 10 of the Act stating that there was sufficient cause for detention of Sri Kanta Bose alias Subhas Ch.
L. Kohli, for the petitioners.
You are hereby informed that you may make a representation to the State Government within 30 days of the receipt of 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.
For the above reasons, I am satisfied that you are likely to act in a manner prejudicial to the maintenance of public peace and order, and therefore, I have passed an order for your detention to ensure the maintenance of Public Order.
That for your rowdy activities you were detained on 19 9 1966 under P.D. Order number 163/66 which was companyfirmed under Govt.
That you were detained for your rowdy activities u s 30 1 of the D.I. Rules 1962 from 22 4 1964 under Govt.
Cause has been shown by Mr. Debabrata Mukherjee and other Counsel on behalf of the respondent to whom numberice of the rule was ordered to be given.
you threatened one Satya Narayan Prosad son of Late purusattam Prosad of 10, Debnath Banerjee Lane, P.S. Howtab with assault at the crossing of M.C. Ghosh Lane and Bellilious Road.
