Judgment

RAMASWAMI, J.: In this case the petitioners have obtained a rule calling upon the respondent, viz., the State of West Bengal to show cause why a writ of habeas corpus should not be issued under Article 32 of the Constitution directing their release from detention under orders passed under Section 3 (2) of the Preventive Detention Act, 1950 (Act IV of 1950), hereinafter called the Act .

2. Cause has been shown by Mr. Debabrata Mukherjee and other Counsel on behalf of the respondent to whom notice of the rule was ordered to be given.

3. The case of the petitioners will be considered in the following three groups: (1) Petitioners Nos. 2, 4, 5, 6, 16, 17, 20 and 26, (2) Petitioners Nos. 1, 3, 7, 10, 12, 13, 19 and 22, (3) Petitioners Nos. 8, 9 and 21. By the order of this Court dated October 18, 1968, the cases as regards Petitioners Nos. 11, 14, 15, 18, 23, 24, 25, 27 to 30 were dismissed as they were reported to have been released.

4. As regards Petitioner No. 5, Subhas Chandra Bose @ Kanta Bose, the order of detention was made on January 20, 1968 by the District Magistrate, Howrah and reads as follows:

"No. 202/C Dated, Howrah, the 20th January, 1968.

WHEREAS I am satisfied with respect to the person known as Shri Kanta Bose @ Subhas Chandra Bose son of Shri Sishir Kumar Bose of 26, Milmoni Mallick Lane, P. S. and Distt. Horwah, 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; I, therefore, in exercise of the powers conferred 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 @ Subhas Chandra Bose be detained.

Given under my hand and seal of office.

Sd/- D. C. Mookherjee

District Magistrate

Howrah."

On the same date the following grounds of detention were communicated 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 :

2. You have been acting in a manner prejudicial to the maintenance of public order by commission of offence of riotous conduct, criminal intimidation and assault as detailed below :-

(a) That on 3-11-65 at about 17.30 hrs. you assaulted Shri Ashutosh Dutta son of Shri Pyari Mohan Dutta of 55, M. C. Ghosh Lane, P. S. Howrah at the crossing of Panchanantala Road and M. C. Ghosh Lane, with knife causing bleeding injuries on his hand.

(b) That on 8-10-66 at about 16.00 hrs. which Shri Mahesh Prosad Bhagal son of Balgobinda Bhagal of 16, Bellilious Road P. S. Horwah 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.

(c) That on 8-6-67 at about 11.40 hrs. you accosted one Snushanta Kumar Ghosh son of Manmatha Ghosh of 2/1/1, Danesh Sk. Lane inside a saloon at 255, Panchanantala road on previous grudge and being intervened by Shri Shyamal Biswas son of Sundhya Biswas of 255, Panchanantala Road, P. S. Howrah, you whipped out a dagger and assaulted Shri Biswas with the dagger causing injury on his hand.

(d) That on 23-11-67 at about 22.45 hrs. you hurled cracker on A. S. I. B. Kundu of Bantra P. S. while he was coming to Howrah along Panchanantala Road in a wireless van and caused injury to the A. S. I. and damages to the wireless van.

(e) That on 7-1-68 at about 18-30 hrs. you threatened one Satya Narayan Prosad son of Late Purusattam Prosad of 10, Debnath Banerjee Lane, P. S. Howrah with assault at the crossing of M. C. Ghosh Lane and Bellilious Road.

3. 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 though the Superintendent of the Jail