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1972 Supreme(SC) 291

K.K.MATHEW, P.JAGANMOHAN REDDY
Parimal Sarkar – Appellant
Versus
State Of W. B. – Respondent


Advocates:
C.S.S.RAO, G.S.CHATTERJEE, GOBINDA MUKHOTY

Judgment

P. JAGANMOHAN REDDY, J.:- This is a petition under Article 32 of the Constitution by which the petitioner challenges his detention under the West Bengal (Prevention of Violent Activities) Act, 1970 (hereinafter called the Act).

2. An Order of detention was made by the District Magistrate, 24-Parganas under sub-section (3) of Section 3 of the Act directing the petitioner to be detained with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. A report in this regard was made to the State Government as required under the Act on 22-7-71. The Petitioner was arrested on 21-7-71 and was served with the grounds of detention on the same date. The State Government approved the detention on 29-7-71 and on the same day it reported to the Central Government in accordance with the provisions contained in sub-sec. (5) of Sec. 3 of the said Act together with the grounds of detention and other particulars having a bearing on the necessity of the order. On 3-8-71, the State Government received the representation from the petitioner which after full consideration, it rejected on 16-8-71 and forwarded it to the Advisory Board for its consideration.











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