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1972 Supreme(SC) 24

J.M.SHELAT, H.R.KHANNA
Nagendra Nath Mondal – Appellant
Versus
State Of W. B. – Respondent


Advocates:
G.S.CHATTERJEE, P.K.CHATTERJI, S.K.DHINGRA, Sukumar Basu

Judgment

SHELAT, J. :- On May 7, 1971, the District Magistrate, Jalpaiguri, in exercise of power conferred upon his by S. 3 (3) of the West Bengal (Prevention of Violent Activities) Act, 1970 (President s Act 19 of 1970) passed an order under sub-sec. (1) of that section directing the detention of the Petitioner. The order recited that the District Magistrate was satisfied that it had become necessary to detain the petitioner "with a view to preventing him from acting in any manner prejudicial to the maintenance of public order". On that very day, the District Magistrate reported to the State Government that fact of his having passed the said order. In pursuance of that order, the petitioner was arrested on May 9, 1971 and was detained in Jail. The petitioner was furnished, as required by the Act, with the grounds for his detention at the time when his arrest was effected. On May 17, 1971, the State Government approved the said order. On the same day the State Government reported the fact of the passing of the said order and its approval to the Central Government. The petitioner made his representation which he was entitled to make by virtue of S. 8 (1). That was received by the Sta

























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