Judgment

MATHEW, J.:- This is an application filed under Article 32 of the Constitution for the issue of a writ in the nature of habeas corpus and to release the petitioner who is alleged to be in illegal custody.

2. In the exercise of the power conferred under sub-section (1) read with sub-section (3) of Section 3 of the West Bengal (Prevention of Violent Activities) Act, 1970 (President s Act 19 of 1970), hereinafter referred to as the Act , the District Magistrate, 24 Parganas, 1648 passed an order on July 10, 1971, detaining the petitioner with a view to prevent him from acting in a manner prejudicial to the maintenance of public order. Thereafter the petitioner was arrested on July 13, 1971, and was served with the order of detention as also with the grounds of detention together with a vernacular translation thereof on the same day. On July 14, 1971 the District Magistrate reported to the State Government about the passing of the detention order. The report was considered by the State Government on July 21, 1971, and the Government approved the order of detention passed by the District Magistrate. On the same day, the State Government submitted a report to the Central Government in accordance with the provisions of sub-section (5) of Section 3 of the Act together with the grounds of detention and other particulars as required. On August11, 1971, the State Government placed the case of the petitioner before the Advisory Board under Section 10 of the Act. The State Government received a representation from the petitioner on September 8, 1971. The representation was considered by the Government and it was rejected by an order dated September 10, 1971. The representation was, however, forwarded to the Advisory Board for consideration of the same by the Board. The Advisory Board, after consideration of the materials placed before it, submitted its report to the State Government on September 6, 1971, incorporating its opinion that there was sufficient cause for the detention of the petitioner. The petitioner prayed, to the Advisory Board, by means of a representation dated September 6, 1971 that he might be given an opportunity of being heard in person. This representation was received by the Advisory Board on September 8, 1971, and the Board heard the petitioner on September 18, 1971. Therefore, the Board sent a supplementary report to the State Government on the same day, stating that the Board did not find any reason to revise its previous opinion. The State Government confirmed the order of detention on October 7, 1971, and the order of confirmation was communicated to the detenu on the same day.

3. The grounds of detention communicated to the petitioner stated:

"(1) That on 5-7-1971 at about 05.30hrs. you along with your associates, while removing Brake Blocks, Vertical Levers and other railway materials from wagon Nos. NEP 1820 and PW 3471 at Chitpur Rly. Yard, charged bombs and ballasts upon the on-duty R. P. F. party, when challenged by them. Your attack grew so violent that RK 6448 Ram Bachan Rai of the R. P. F. party had to fire one round in self-defence, when you all fled away. You created disturbance of public order thereby.

"(2) That on 5-7-1971 night again at 20.30 hrs., you along with your associates, while removing iron rods from B. F. Wagon No. ER-99155 at Chitpur Rly Yard, charged bombs and ballasts upon the on-duty R. P. F. party at Chitpur post, when challenged by them your attack grew so violent that RK-6756 Madan Mohan Prasad of the R. P. F. party had to fire two rounds upon you in self-defence culminating (in) death of one of your associates on the spot, when you all fled away, you created distrubance of public order thereby."

4. Section 3 (2) of the Act defines the expression "acting in any manner prejudicial to the security of the State or the maintenance of public order" for the purpose of sub-sec. (1) of that section. Clauses (b) and (d) of Sub-s. (2) of S. 3 read as follows:-

"(b) Committing mischief, wit