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1971 Supreme(SC) 666
SUPREME COURT OF INDIA
P. JAGANMOHAN REDDY AND D.G. PALEKAR, JJ.
Ala Mohan Mallick and others, Petitioners
Versus
The State of W.B., Respondent.
Writ Petns. Nos. 229, 230, 233, 235, 262 and 288 of 1971, D/- 14-12-1971.
Headnote:
West Bengal (Prevention of Violent Activities) Act, 1970 - Section 3 - Government Confirmed And Continued Detention - It will be seen in all these writ petitions that State Government had failed to confirm and continue detention order within three months of date of detention - We have already held that in order that a detention order passed by District Magistrate may continue to be legal same has to be confirmed and continued by State government within three months of date of detention - Since in all above cases State Government has failed to confirm and continue detention within three months of date of detention after three months would be illegal – Held, It is contended before us that so far as ground is concerned it cannot be regarded as prejudicial to maintenance of public order - At most it would amount to a breach of law and order and hence ground was not relevant to object of maintaining public order - So far as ground is concerned it is contended that same is vague and therefore deprived petitioner of an opportunity to make an effective representation against same - It is not stated what was deep laid conspiracy who were other participants when conspiracy took place what murders were instigated and what was nature of subversive acts - We think that there is considerable force in these contentions - Petitions allowed.
Judgement
PALEKAR, J.:- In these Writ Petitions the petitioners have applied to this court for writs in the nature of habeas corpus challenging their detention by the District Magistrates under section 3 of the West Bengal (Prevention of Violent Activities) Act, 1970. The petitioners have been detained on the ground that they have been acting in a manner prejudicial to the maintenance of public order.
Writ Petition No. 262 of 71.
2. In this petition the petitioner Ala Mohan Mallick has been detained by the Order of the District Magistrate, Howrah dated 30-3-1971. He was arrested on 6-4-71 and the detention order and grounds of detention were served on him on the same day. After the receipt of the opinion of the Advisory Board on 7-6-1971 the State Government confirmed and continued the detention on 9-8-1971.
Writ Petition No. 230 of 71.
3. In this petition the petitioner Bhanu Lal Dey was detained by the order of District Magistrate. Howrah dated 14-4-1971. The petitioner was arrested on 20-4-1971 and on the same day he was served with the detention order and the grounds of detention. The opinion of the Advisory Board was received on 23-6-1971 and the order of detention was confirmed and continued by the State Government on 6-9-1971.
Writ Petition No. 233 of 71.
4. The petitioner Sahat Mondal was detained by a detention order dated 14-4-1971 passed by the District Magistrate, 24 Parganas. The petitioner was arrested on 20-4-71 and on the same day he was served with a detention order and the grounds of detention. The opinion of the Advisory Board was received on 21-6-1971 and the detention was confirmed and continued by the State Government on 16-8-1971.
Writ Petition No. 262 of 71.
5. The petitioner Animesh Ghosh was detained by a detention order dated 19-12-1970 passed by the District Magistrate Purulia. The petitioner was arrested on 21-12-1970 and on the same day he was served with the detention order and the grounds of detention. The opinion of the Advisory Board was received on 1-3-1971 and the State Government confirmed and continued the detention on 2-4-1971.
WRIT PETITION NO. 288 OF 71.
6. The petitioner Sunil Kumar Mitra was detained by an order passed by the district Magistrate, Bardwan on 1-3-1971. He was arrested on 24-3-1971 and on the same day he was served with the detention order and the grounds for detention. The opinion of the Advisory Board was received by the State Government on 21-5-1971 and the State Government confirmed and continued the detention order on 2-7-1971.
7. It will be seen in all these writ petitions that the State Government had failed to confirm and continue the detention order within three months of the date of detention. We have already held in Writ Petn. No. 219 of 1971 Deban Das v. State of West Bengal decided on 7-12-1971 (SC) that in order that a detention order passed by the District Magistrate may continue to be legal, the same has to be confirmed and continued by the State government within three months of the date of detention. Since in all the above cases the State Government has failed to confirm and continue the detention within three months of the date of detention, the detention after three months would be illegal. All these petitioners, therefore, are entitled to be released forthwith. We have already passed orders for the release of the petitioners and no further orders are, therefore, necessary.
WRIT PETITION NO. 235 OF 1971.
8. The petitioner Samir Mazumdar was detained by the order of the District Magistrate, Bardwan dated 21-12-1970. He was arrested on 24-12-1970 and on the same day he was served with the detention order and grounds of detention. The State Government approved the detention order on 31-12-1970 and his case was placed before the Advisory Board on 21-1-1971. The petitioner s representation to the State Government had been received on 19-1-1971 and the same appears to have been forwarded to the Advisory Board. Later, however, on 5-2-1971 the representation was considered
