Judgement

KHANNA, J.:- This is a petition through jail for the issue of a writ of habeas corpus by Jagannath Das alias Jaga who has been ordered to be detained under Section 3 of the West Bengal (Prevention of Violent Activities) Act, 1970 (President s Act No. 19 of 1970).

The order of detention reads as under :

ORDER

No. 86/71 Dated : 29-6-71

Whereas I am satisfied with respect to the person known as Shri Jagannath Das alias Jaga of Late Bhanu Das of Kurimatu, P. S. Bangaon, Distt. 24 Parganas, that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order, it is necessary so to do, I therefore in exercise of the powers conferred by sub-section (1) read with sub-section (3) of Section 3 of the West Bengal (Prevention of Violent Activities) act, 1970 (President s Act No. 19 of 1970), make this order directing that the said Shri Jagannath Das alias Jaga be detained.

Given under my hand and seal of office.

Sd/- Illegible

DISTRICT MAGISTRATE

24-PARGANAS,

29-6-71.

2. The ground of detention which was served along with the order of detention upon the petitioner recited that on the night of June 1, 1971 at about 1.30 a.m. while committing theft of rice from wagon No. 39751 at Bongaon railway station yard, the petitioner and his associates charged bombs upon the party of Railway Protection Force on duty with a view to doing away with their lives when challenged by them. As a result of the throwing of bombs, Himunshu Bhushan Dhar Sharma of the Railway Protection Force sustained burn injury on his person. The above explosion of bombs created panic in the station area and in the adjoining locality and, as such, there was disturbance of public order.

3. The petitioner in pursuance of the detention order was arrested on July 2, 1971 and was served with the said order and the ground of detention together with vernacular translation thereof. The order of detention was approved by the State Government on July 9, 1971. Representation made by the petitioner against his detention was received by the State Government on July 10, 1971 and after being considered was rejected by the State Government on July 30, 1971. The case of the petitioner was placed before the Advisory Board on July 31, 1971. The representation of the petitioner was also forwarded to the Advisory Board. The Board, after considering the material before it and after hearing the petitioner in person submitted its report on September 3, 1971. Opinion was expressed by the Advisory Board that there was sufficient cause for the detention of the petitioner. The detention order was confirmed by the State Government on September 11, 1971 and intimation about the confirmation of the detention order was immediately thereafter sent to the petitioner.

4. The petition has been resisted on behalf of the State of West Bengal and the affidavit of Shri Chandi Charan Bose, Deputy Secretary, Home (Special) department has been filed in opposition to the petition.

5. We have heard Mr. S. S. Khanduja, who had addressed arguments amicus curiae on behalf of the petitioner, and Mr. G. S. Chatterjee on behalf of the respondent State, and are of the opinion that there is no merit in the petition. The first contention which has been advanced by Mr. Khanduja is that has been no valid communication of the ground of detention to the petitioner. It is stated that the petitioner is an illiterate person as would appear from the fact that he affixed his thumb impression on the detention order at the time it was served upon him. The service of the detention order and the ground of detention which were in English upon the petitioner who was illiterate, according to the learned counsel, was not a sufficient compliance with law as it had the effect of denying him the right of making a representation against the order. In this connection, we find that the affidavit of Shri Chandi Charan Bose shows that at the time of his arrest the petitioner was served not merely with the order of deten