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1972 Supreme(SC) 278

H.R.KHANNA, J.M.SHELAT
Sridam Saha – Appellant
Versus
State Of W. B. – Respondent


Advocates:
G.S.CHATTERJEE, Sukumar Basu, Sureshta Bagga

Judgment

KHANNA, J.:- This is a petition through jail under Art. 32 of the Constitution for the issuance of a writ of habeas corpus by Sridam Saha, who has been ordered by the District Magistrate 24 Parganas to be detained under Section 3 of the West Bengal (Prevention of Violent Activities) Act, 1970 (President s Act No. 19 of 1970) (hereinafter referred to as the Act.). According to the detention order, it was made with a view to preventing the petitioner from acting in any manner prejudicial to maintenance of public order.

2. The order of detention was made by the District Magistrate on June 23, 1971. The petitioner was arrested in pursuance of the detention order on June 28, 1971 and was served with the order of detention as well as the grounds of detention together with vernacular translation thereof. The same day, i.e., on June 28, 1971 the District Magistrate sent report to the State Government about the passing of the detention order along with the grounds of detention and other necessary particulars. The State Government considered the matter and approved the detention order on July 3, 1971. Necessary report was also sent on that day by the State Government to the Central Go








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