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1972 Supreme(SC) 280

G.K.MITTER, K.K.MATHEW, P.JAGANMOHAN REDDY
S. K. Kedar – Appellant
Versus
State Of W. B. – Respondent


Advocates:
G.S.CHATTERJEE, P.K.CHAKRAVARTI, S.K.Gambhir, Sukumar Basu

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 Governme
















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