Judgment

SHELAT, J. :- In this petition under Article 32 of the Constitution the petitioner Mohd. Salim Khan, a detenu under the West Bengal (Prevention of Violent Activities) Act, being President s Act XIX of 1970, seeks to challenge the legality of the order of detention passed against him and his detention thereunder.

2. The impugned order was passed by the Additional District Magistrate, 24 Parganas on June 18, 1971 under sub-section (1) read with sub-section (3) of Section 3 of the Act, being satisfied that it was necessary to detain the petitioner with a view to preventing him from acting in a manner prejudicial to the maintenance of public order. In pursuance of the said order the petitioner was arrested on the same day and has since then been detained in Jail. At the time of his arrest he was served with a copy of the grounds of detention.

3. There is no dispute that various steps following the issuance of the said order as envisaged by the Act were taken by the detaining authorities within the time prescribed by and in accordance with the provisions of the Act. The petitioner had also made a representation which was duly considered by the Government along with the other relevant materials connected with his detention and was rejected. His case was also placed before the Advisory Board as required by the Act with all the relevant materials including the said representation. The Board reported, after considering those materials including his said representation, that in its opinion there was sufficient cause justifying his detention.

4. The grounds of detention referred to above stated:

1. That on April 22, 1971, at about 5.30 a.m. the petitioner along with his associates including one Dulal Dey, alias Dulal Kumar Bose, committed mischief by setting fire to a double decker State bus at Chetla Central Road and threw bombs aiming them at the said bus causing there by damage to the said bus and also panic and disorder in that area;

2. That on the same day at about 12.50 p. m. he along with his associates including one Anup Ratan Pal hurled bombs at a bus No. WBY 427 belonging to South Point School at Southend Park and also committed mischief to the said bus causing damage to it, and that as result of his said act panic and confusion prevailed in that area.

There can be no manner of doubt that the acts stated in the said grounds and allege to have been committed by the petitioner would fall under Section 3 (2) (b) and also (d) of the Act, and would, therefore, be relevant to the objects in relation to which an order of detention could be validly passed under the Act.

5. But in his representation dated July 1, 1971, which the petitioner submitted to the Government from Alipore Central Jail where he was then detained, the petitioner asserted in paras 3 and 4 thereof, firstly, that he was not acquainted with Chetla and Southend Park areas, and therefore, could not have thrown bombs as alleged, and secondly, as regards his hurling bombs at 12.50 p.m. that day, he was busy with his studies in the National Library, Calcutta as he had to make preparations for the B. A. Part I Examination to be held on June 22, 1971.

6. It appears, however, that prior to the passing of the impugned order on June, 18, 1971, the petitioner had been arrested by the police on May 22, 1971 in connection with the two incidents alleged in the said grounds for detention and proceedings had thereafter been taken against him in the Court of the Magistrate, First Class, Midnapore. In those proceedings the petitioner appears to have taken a somewhat different plea of alibi, in support of which he had produced an affidavit of one Sk. Nuruddin Ahmed dated September 23, 1971. In that affidavit the deponent Nuruddin Ahmed had stated that the petitioner was his nephew and that "on the occasion of the First Rice of may son I invited the said Md. Salim Khan and his parent and other (s) of his family to attend the ceremony and to take part in the festival. On this occasion Sal