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1972 Supreme(SC) 54

H.R.KHANNA, J.M.SHELAT
Bidhan Chandra Biswas – Appellant
Versus
State Of W. B. – Respondent


Advocates:
D.M.MUKHERJI, G.S.CHATTERJEE, N.N.GOSWAMY, Sukumar Basu

Judgment

KHANNA, J.:- This is a petition through jail under Article 32 of the Constitution of India for the issuance of a writ of habeas corpus by Bidhan Chandra Biswas who has been ordered to be detained by the District Magistrate, 24 Parganas under Section 3 of the West Bengal (Prevention of Violent Activities) Act, 1970 (President s Act No. 19 of 1970).

2. According to the order of detention which was passed by the District Magistrate on April 3, 1971, the order was made as it was considered necessary to prevent the petitioner from acting in any manner prejudicial to the maintenance of public order. The petitioner in pursuance of the detention order was arrested on April 25, 1971 as earlier, according to the affidavit filed on behalf of the respondents, he was found to be absconding. Grounds of the detention were served upon the petitioner on the day he was arrested. In the meanwhile, on April 8, 1971 the District Magistrate sent a report to the State Government about the passing of the detention order along with the grounds of detention and other necessary particulars. The said report and particulars were considered by the State Government and the order of detention was approved










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