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SUPREME COURT OF INDIA
P. JAGANMOHAN REDDY AND D.G. PALEKAR, JJ.
Tapan Kumar Mukherjee and others, Petitioners
Versus
State of W.B., Respondent.
Writ Petitions Nos. 315, 318, 319 and 324 of 1971, D/- 14-12-1971.
West Bengal (Prevention of Violent Activities) Act, 1970 - Sections 3(2),(3) - Challenge - Petitioner in Writ Petition was arrested on February pursuant to a detention order made by District Magistrate on February - Petitioner was served with detention order and grounds of detention on February - Order was approved by State Government on March - Representation was received from detenu which was rejected - Case was placed before Advisory Board on March which gave its report on May that in its opinion there was sufficient cause for detention - State Government confirmed order of detention and extended period on May - Held, Petitioner and his associates are said to have caused panic and terror by killing of money-lender businessmen and shopkeepers and throwing bombs by which public order was likely to be disturbed - Each one of grounds individually and collectively is germane and related to disturbance of public order within meaning of Section 3(2) of Act - Similarly in Writ Petition acts committed by petitioner are in travelling trains which create or likely to create disturbance to public order by causing panic among travelling passengers - It is contended that these grounds related only to law and order but Court cannot accept this contention - Innocent passengers would be terror-stricken by acts alleged to have been committed by petitioner and his associates - In these circumstances none of grounds in these two petitions can be said to be irrelevant or vague and as such their detention is not illegal - In Writ Petition of grounds are vague and in that there is no indication as to what subversive activities were which were opposed by person murdered and how detenu and his associates were connected with that organisation or what relevance anti-Naxalite slogans had which were being written on wall by who was threatened by petitioner - There is nothing in grounds to indicate what is meant by Naxalite aim objects or philosophy of organisation and in what way petitioner was connected with it - Nor is there anything to indicate what were subversive activities which petitioner was indulging in - These grounds being vague and irrelevant detention of petitioner cannot be sustained - Ordered accordingly
Judgment
P. JAGANMOHAN REDDY, J.:- These are four habeas corpus petitions by which the petitioners challenge their detention under the West Bengal (Prevention of Violent Activities) Act, 1970 (Act No.19 of 1970) - hereinafter called the Act .
2. In Writ Petition No. 315 of 1971 the detention order was passed by the District Magistrate, Burdwan, on April 6, 1971 which was reported to the State Government on the same date and the State Government approved it on April 17, 1971. The petitioner was arrested on April 15, 1971 on which date the order of detention and the grounds were served on him. A representation was made by the detenu on April 29, 1971 which was rejected by the State Government on May 11, 1971. The case was placed on the same day before the Advisory Board and it reported on June 22, 1971 that there was sufficient cause for detaining the petitioner. The order of conformation of detention and extension of the period was made by the State Government on July 7, 1971.
3. In Writ Petition No.318 of 1971 the detention order was made by the District Magistrate, 24 Parganas on May 15, 1971 and the petitioner was arrested on May 16, 1971, on which date he was served with the detention order and the grounds. The order was duly approved by the State Government on May 25, 1971 and reported to the Central Government on the same date. The petitioner forwarded his representation on June 26, 1971 which was rejected by the State Government on July 13, 1971. On June 14, 1971 the case was placed before the Advisory Board which considered the grounds of detention sufficient on July 16, 1971. The State Government confirmed the detention order and extended the period upto August 2, 1971.
4. The petitioner in Writ Petition No.319 of 1971 was arrested on February 27, 1971 pursuant to a detention order made by the District Magistrate, Burdwan on February 25, 1971. The petitioner was served with the detention order and the grounds of detention on February 27, 1971. The order was approved by the State Government on March 5, 1971. Representation was received from the detenu which was rejected. The case was placed before the Advisory Board on March 22, 1971, which gave its report on May 6, 1971 that in its opinion there was sufficient cause for detention. The State Government confirmed the order of detention and extended the period on May 11, 1971.
5. In Writ Petition No.324 of 1971 the order of detention was made by the District Magistrate, Jalpaiguri on May 7, 1971 and the detenu was arrested and served with the order and the grounds of detention on the same day, viz., May 7, 1971, on which date also a report was made to the State Government. The State Government approved the order on May 17, 1971 and reported the matter to the Central Government on the same date. The case was placed before the Advisory Board on June 5, 1971, after which the detenu sent his representation dated June 14, 1971 which was rejected on June 28, 1971. The representation was placed before the Advisory Board and it held on July 12, 1971 that there was sufficient cause for his detention. The State Government confirmed the detention and extended the period on July 28, 1971.
6. It is evident therefore that all the mandatory provisions of the Act as well as that in cl. (4) of Art. 22 were complied with. But it is contended by the petitioners that the grounds are irrelevant and vague and, therefore, their detention is invalid as they are unrelated to the maintenance of public order as defined in sub-s. (1) read with sub-s. (3) of S.3 of the Act.
7. The following are the grounds of detention in Writ Petition No.315 of 1971:
"1. That on 5-1-71 at about 17.45 hours you and your associates Dipak Chakrabartti son of Shri Jagannath Chakrabarti of Pabna Colony, P. S. Katwa and others being armed with chopper and other, lethal weapons killed one Baburam Singh alias Pandit a money-lender of Katwa town held to be a class enemy by you and your associates on the bed of the river Bhagirathi
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