Judgement

MITTER, J. :- The petitioner before us challenges the order of detention by which he was put under arrest under Art. 32 of the Constitution.

2. The said order was passed against the petitioner by the District Magistrate, Burdwan on the 3rd April,1971 in exercise of powers conferred by sub-s. (1) read with sub-s. (3) of S. 3 of the West Bengal (Prevention of Violent Activities) Act, 1970. The petitioner was arrested on the 6th April 1971 when he was served with grounds for detention. The District Magistrate had reported about the passing of the detention order together with grounds of detention and other particulars to the State Government on the 3rd April, 1971. The report and particulars were considered by the Government on the 13th April and the detention order was approved on the same day. The State Government also submitted a report to the Central Government in accordance with the provisions contained in sub-s. (5) of S. 3 of the Act. The petitioner made a representation against his arrest on the 3rd May, 1971. On the 4th May, 1971 the State Government placed the case of the petitioner before the advisory Board under S. 10 of the Act. It appears that the representation of the petitioner was received by the State Government in its Home Department on or about 10th May, 1971. The representation appears to have been considered by the Government on the 8th June 1971 and rejected on the same day. Nevertheless the representation was sent up to the Advisory Board for its consideration. The Board after considering the materials placed before it and after hearing the detenu petitioner in person submitted its report to the State Government on the 14th June 1971 to the effect that there was sufficient cause for detention of the petitioner. By order dated 3rd July 1971 the State Government confirmed the order of detention in exercise of powers conferred by sub-s. (1) of S. 12 of the Act. The communication of the confirmation of the order of detention was claimed to have been made by a memo dated 23rd August, 1971 through the Additional Superintendent of Police who was directed to serve the same upon the petitioner immediately.

3. The above dates are culled from the affidavit of Chandi Charan Bose, Deputy Secretary, Home (Special) Department, Government of West Bengal. The deponent claims to have made the affidavit on the basis of the relevant records available to the Government of West Bengal, as also authority from the State Government to affirm the affidavit on behalf of the respondent to the petition, the District Magistrate of Burdwan.

4. There is no challenge to the above dates by the petitioner excepting that according to him the order of communication to him bearing date 23rd August 1971 was not serve until the 4th October, 1971. This appears to be borne out by the original records which were produced before us.

5. The grounds of detention served on the petitioner are : (1) that the petitioner committed theft of overhead traction wire from the main line of the Eastern Railway in the area between Panagarh Railway Station and Birudiha (2) on 21st March 1971 at 20.30 hours the petitioner along with his associates attacked an Inspector of the Railway Protection Force at Ondal on the road in South Bazar, Ondal by hurling crackers at him.

6. The commission of the first act was said to be likely to prejudice the maintenance of public order as the stoppage of running train services causes great disaffection amongst the passengers. With regard to the second act it was said that the offence actually affected the maintenance of public order as people were all frightended and out of a sense of insecurity closed their shops and cold not pursue their normal avocations of life.

7. The petitioner s case it that he was not guilty of any of the above acts which were attributed to him and that after the arrest criminal cases were started against him when the Judicial Magistrate, Durgapur ordered him to be released on bail as there was no prima