Summarize the following court judgment. No. 39 of 1972. Petition under Article 32 of the Constitution of India for the enforcement of fundamental rights. section Lakshminarasu	 for the petitioner. G. L. Mukhoty and Sukumar Basu	 for the respondent. The Judgment of the Court was delivered by Shelat	 J. The District Magistrate	 Burdwan	 passed the order impugned in this petition on July 14	 1971 directing the 715 petitioner 's detention under sub sec. (1) read with sub sec. (3) of sec. 3 of the West Bengal (Prevention of Violent Activities) Act	 being President 's Act XIX of 1970	 on the ground that such detention was necessary "with a view to preventing him from acting in any manner prejudicial to the maintenance of public order". In pursuance of the order the petitioner was arrested on August 6	 1971 when he was furnished	 as required by the Act. the grounds of detention. There is no dispute that consequent upon the passing of the said order the Government of West Bengal and the other relevant authorities under the Act duly took all consequential steps	 such as the reporting to and obtaining the Government 's order of approval	 reporting to the Central Government	 disposal of the petitioner 's representation	 referring the petitioner 's case to the Advisory Board and obtaining its opinion etc.	 within the respective times prescribed by the Act. Two grounds questioning the	 validity of the said order and the detention thereunder were	 however	 urged by Mr. Lakshminarasu	 appearing for the petitioner amicus curiae. The first was that the first ground in the grounds of detention was irrelevant and therefore vitiated the entire order. The second was that there was undue delay in the confirmation by the State Government of the detention order and the continuance of detention thereunder after the expiry of three months of detention. The first ground in the grounds of detention runs as follows "That on 7 2 71 at 13 30 hours you and your associates had been to the house of Shri Bibhuti Bhusan Ghosh of Ranchi Dhowrah	 Police Station Kulti	 and asked him to rub [out] the anti naxalite slogans written on the wall of his house. Being refused you threatened to kill him. Your such act terrorised the common public and as such they could not pursue the normal avocations of life. Moreover	 it disturbed public order. " The question is whether threat to kill the said Bibhuti Bhusan Ghosh amounted to " acting in any manner prejudicial to the maintenance of public order" as	 defined in sec. 3 (2) (d) of the Act. (d)	 amongst other things provides that committing any offence punishable with death or imprisonment for life or imprisonment for a term extending to seven years or more	 where the commission of such	 offence disturbs or is likely to disturb public order	 would fall within tile said definition of the expression "acting in any manner prejudicial to the maintenance of public order". 506 of the Penal Code provides that threat to 716 cause death or grievous hurt or to cause an offence punishable with death or imprisonment for life shall be punishable with imprisonment of either description for a term which may extend to seven years or with fine or both. That being so	 the offence said to have been committed by the petitioner clearly was one of the offences enumerated in cl. (d) of sec. 3 (2) of the Act. Ground No. (1) further alleges that the threat to kill the said Ghosh administered to him on account of his refusal to rub out the anti naxalite slogans written on the wall of his house "terror ised the common public and as such they could not pursue the normal avocations of life" and furthermore	 disturbed public order. This assertion	 coupled with the satisfaction of the other requirement of cl. (d) of sec. 3 (2)	 namely	 the committal of the offence of threatening to kill	 would bring the act in question within the expression "acting in any manner prejudicial to the maintenance of public order" as defined in sec. 3 (2). It cannot	 therefore	 be argued that ground No. (1) was extraneous or irrelevant to the objects set out in sec. 3 of the Act and in respect of which a valid order of detention could be made under the Act. The second contention also is not such as ran be sustained. There is no dispute that the petitioner was arrested on August 6	 1971 and the order of confirmation and the impugned detention thereunder beyond the period of three months was passed by the State Government on October 28	 1971	 that is within three months from the date of his arrest. Counsel	 however	 argued that though the decision of this Court have laid down that such an order of confirmation has to be passed within three months from the date of arrest	 the appropriate Government has to pass such an order as soon as possible and cannot delay in doing so until the expiry of three months. In Deb Sadhan Roy vs West Bengal(1)	 a case under the President 's Act XIX of 1970	 this Court laid down that it was essential that the appropriate Government should take positive action on the report of the Advisory Board	 which action alone would determine whether the detention was to be terminated or continued	 that it would	 therefore	 prima facie	 appear that action should be taken immediately after the receipt of the opinion of the Board	 or at any rate	 within three months from the date a person was detained	 and that failure to confirm or extend the period within three months would result in the detention becoming illegal	 the moment the three months period elapsed without any such confirmation This decision	 thus	 makes it clear that the legality of a detention order or the detention thereunder would not be affected it an order of confirmation is passed before the expiry of three (1)[1972] 1 S.C.C. 308. 717 months from the date of detention. Similarly	 in Ujjal Mandal vs West Bengal(1)	 Mathew	 J.	 speaking for the Court	 observed at page 459 of the report as follows: "To put the matter in a nut shell : the State Government has power under the Act to detain a person without trial beyond a period of three months 	 but limited to a period of on year. That power the State Government may exercise on receipt of the opinion of the Board that there is sufficient cause for the detention. When the State Government receives that opinion	 it has still the option to exercise the power and to continue the detention beyond the period of three months or not. Confirmation is the exercise of the power to continue the detention after the expiry of three months. Unless that power is exercised within the period of three months from the date of detention	 the detention after the expiry of that period would be without the authority of the law. " Therefore	 if the order of confirmation has been passed	 as it has been done in the present case	 within three months ' time from the date of arrest	 neither the legality of the detention order nor the continued detention thereunder is affected. Both the contentions raised by counsel thus having failed	 the petition also must fail and is consequently dismissed. V.P.S. Petition dismissed. (1) [1972] IS.C.C.456.

Section 3(2) (d) of the West Bengal (Prevention of Violent Activities	 ' Act	 1970	 amongst other things	 provides that the committing of any offence punishable with imprisonment for a term extending to 7 years of more	 where the commission of such offence disturbs or is likely to disturb public order would be within the definition of the expression "acting in any manner prejudicial to the maintenance of public order". In pursuance of an order under a. 3(1) and (3) of the Act	 the petitioner was arrested on August 6	 1971	 with a view to preventing him from acting in any manner prejudicial to the maintenance of public order One of the grounds furnished to him was that he threatened to kill a person on account of his refusal to rub out the anti naxalite slogan	 written on the wall of his house	 that the threat terrorised the common public and as such they could not pursue their normal avocations	 and that he disturbed public order. The State Government confirmed the order on October 28	 1971	 after receipt of the opinion of the Advisory Board (Dismissing the petition under article 32 Challenging the order of detention. HELD : (1) Under section 506 I.P.C.	 a threat to commit an offence punish able with death or imprisonment for life shall be punish able with imprisonment of either description for a term which may extend to 7 years. Hence the ground furnished was not extraneous or irrelevant since the petitioner. had committed an offence enumerated in section 3(2) (d) and there was disturbance of public order. [716A C] (2) There was no delay in passing the order of confirmation	 since it was passed before the expiry of three months from the date of detention. [716H] Deb Sadhan Rov vs West Bengal	 and Ujjal Manda vs West Bengal	 ; followed.