Case: Manilal Chatterjee alias Sudip Vs. State of W.B

1. This is a petition under Art. 32 of the Constitution for a writ of habeas corpus. The impugned order of detention was passed in this case on July 19, 1971 by the District Magistrate, 24 Parganas under Sub-section 1 read with sub-section (3) of Section 3 of the West Bengal (Prevention of Violent Activities) Act, 1970. In pursuance of that order the detenu was arrested on July 21, 1971 and the grounds of detention were served on him. It appears from the counter-affidavit filed by the State Government that all the consequential steps required under the Act were duly taken within the prescribed periods. It was, therefore, not possible for Mr. D. Goburdhan, counsel for the petitioner, appearing amicus curiae, to point out any legal infirmity either in the impugned order or the consequential steps taken by the Government thereafter. Mr. Goburdhan, on the contrary, frankly conceded before us that in these circumstances it was not possible for him to attack the validity of the order upon any legal ground. That being so it is obvious that there is no justifiable reason for interfering with that order or the detention of the petitioner hereunder. In any event the period of the petitioners detention will be over on July 20, 1972 and the State Government will then be bound to release him from the detention.2.

Decision reasoning: 0[ds]It appears from thefiled by the State Government that all the consequential steps required under the Act were duly taken within the prescribed periods. It was, therefore, not possible for Mr. D. Goburdhan, counsel for the petitioner, appearing amicus curiae, to point out any legal infirmity either in the impugned order or the consequential steps taken by the Government thereafter. Mr. Goburdhan, on the contrary, frankly conceded before us that in these circumstances it was not possible for him to attack the validity of the order upon any legal ground. That being so it is obvious that there is no justifiable reason for interfering with that order or the detention of the petitioner hereunder. In any event the period of the petitioners detention will be over on July 20, 1972 and the State Government will then be bound to release him from the detention.