D.G.PALEKAR, A.N.RAY
Debu Ghose, Aswini Kumar Das Manick Chandraroy – Appellant
Versus
State Of W. B. – Respondent
Judgment
PALEKAR, J.:- These are petitions for an order in the nature of habeas corpus filed by Debu Ghose, Aswini Kumar Das and Manick Chandra Roy who have been detained by orders of District Magistrates under the provisions of the West Bengal (Prevention of Violent Activities) Act, 1970 being President s Act No. 19 of 1970.
2. Section 3 (1) of that Act provides that the State Government may, if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the security of the State or the maintenance of public order, it is necessary so to do, make an order directing that such person be detained. Sub-section (2) defines the expression "acting in any manner prejudicial to the security of the State or the maintenance of public order" for the purpose of sub-section (1) Sub-section (3) empowers certain authorities including the District Magistrate to pass orders under sub-section (1). When an order of detention is made by the District Magistrate, he is required by sub-section (4) to forthwith report the fact to the State Government together with the grounds on which the order has been made. Under sub-section (5) the State Government is
approved : Madhu Limayt v. Sub-divifionai Magistrah, Monghyr and Others
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