Writ Petition No.568 of 1974. Case: Jatindra Nath Biswas Vs State Of West Bengal. Supreme Court (India)

Case NumberWrit Petition No.568 of 1974
CounselC S Srinivasa Rao, Leela Sethi, G S Chatterjee
JudgesN.L. Untwalia and V.R. Krishna Iyer, JJ.
IssueIndian Penal Code, 1860 - Sections 395 and 397; Maintenance and Internal Security Act, 1971 - Section 3(1)
Citation1975 CriLR 300, AIR 1975 SC 1215, 1975 UJ 466, 1975 (4) SCC 250, 1975 SCC (Cri) 508, 1975 CriLJ 1068
Judgement DateMarch 20, 1975
CourtSupreme Court (India)

Judgment:

N.L. Untwalia, J.

The petitioner was arrested on 17-3-1974 in pursuance of an order of detention made on 29-6-1973 by the District Magistrate, 24 Parganas, West Bengal under Section 3 (1) of the Maintenance of Internal Security Act, 1971. The petitioner by this writ application challenges his detention as illegal.

The petition was filed by the detenu from jail and was argued before us by an advocate of this Court appearing Amicus Curiae. The relevant facts may be stated from the counter filed on behalf of the respondent.

The grounds of detention against the petitioner are two and they are these:

"(i) That on 8-6-72 at about 01. 50 hrs. you along with your associates (1) Madhab Chandra Mondal (2) Bhupen Adhikari (3) Biswanath Adhikari (4) Jibon Krishna Biswas (5) Promatha Samaddar (6) Iman Ali Sardar Nath Roy (7) Prafulla Kumar Roy (8) Jnanandra Nath Roy and others being armed with bombs and lethal weapons raided the house of Paresh Chandra Dutt, son of Nibaran Chandra Dutt son of Nibran Chandra Dutta of Simulpur P.S. Gaighata Distt. 24-Parganas, assaulted the inmates of the house and looted away cash, ornament, utensils etc, valued Rs. 8110/-. That when the villagers Jiten Mazumdar, Nirode Ch. Sarkar and other chased you and your associates, you kept them at bay by bomb outrage and managed to escape with looted properties. Your such violent activities infused panic and terror in the mind of the peace loving people of the locality and consequently the public order of the locality was much disturbed.

(ii) That on 10-6-72 between 01.00 hrs. to 03.00 hrs. you along with your associates (1) Madhab Chandra Mondal (2) Bhupen Adhikari (3) Biswanath Adhikari (4) Jiban Krishna Biswas (5) Promath Samaddar (6) Jnanandra Nath Roy (7) Iman A1i Sardar and others being armed with deadly weapons like dagger etc., raided the houses of Nimai Ch. Bala, s/o Promatha Nath Bala of Goalbathari, P. S. Gaighata, District 24-Parganas, assaulted the inmates of the house and looted away cash wrist, watch, clothings, gold, ornaments etc, valued about Rs. 540/-. As a result of your such activities the people of the locality became very much panicky and peace and order of the locality was completely disturbed."

In the counter it is further stated that in connection with the incidents mentioned in the grounds of detention two criminal cases were filed under sections 395 and 397 of the Indian Penal Code. The detenu was not named in...

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