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1975 Supreme(SC) 157

N.L.UNTWALIA, S.MURTAZA FAZAL ALI
Mohd. Dhana Ali Khan – Appellant
Versus
State Of W. B. – Respondent


Advocates:
A.C.SUKUMAR GHOSH, G.S.CHATTERJEE, R.K.JAIN

JUDGMENT

FAZAL ALI, J. :—The petitioner assails the order of detention passed against him on August 23, 1973 by the District Magistrate, 24 Parganas. A report was sent by the District Magistrate to the Government on August 27, 1973 and the detention was approved by the Government on 30th August, 1973. On September 10, 1973 the detenu made a representation to the Government which was rejected on September 12, 1973. Thereafter the matter was referred to the Advisory Board and after obtaining its opinion the order of detention was confirmed by the Government on November 14, 1973. We might also state that a report to the Central Government was also made immediately after the order of detention was passed.

2. Mr. R. K. Jain appearing for the petitioner as Amicus Curiae has been of such assistance to us and has advanced five contentions before us. In the first place he submitted that there was sufficient delay on the part of the District Magistrate in submitting his report to the Government and the explanation given by him is not convincing. In the counter affidavit, however, the District Magistrate has explained that he had to pass almost eight orders of detention on the 23rd August and















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