Writ Petition No.568 of 1974. Case: Jatindra Nath Biswas Vs State Of West Bengal. Supreme Court (India)
Case Number | Writ Petition No.568 of 1974 |
Counsel | C S Srinivasa Rao, Leela Sethi, G S Chatterjee |
Judges | N.L. Untwalia and V.R. Krishna Iyer, JJ. |
Issue | Indian Penal Code, 1860 - Sections 395 and 397; Maintenance and Internal Security Act, 1971 - Section 3(1) |
Citation | 1975 CriLR 300, AIR 1975 SC 1215, 1975 UJ 466, 1975 (4) SCC 250, 1975 SCC (Cri) 508, 1975 CriLJ 1068 |
Judgement Date | March 20, 1975 |
Court | Supreme 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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Writ Petition No. 16943 of 2015. Case: Hameeda Begum Vs State of Telangana and Ors.. High Court of Andhra Pradesh (India)
...help to delineate the respective areas of the three concepts. (Emphasis is mine) In Jatindra Nath Biswas's v. The State of West Bengal AIR 1975 SC 1215, the Supreme Court in paragraph No. 6 held as It has been repeatedly, pointed out by this Court that even, if one ground, out of two or mor......
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Habeas Corpus Writ Petition No. 992 of 1982. Case: Rajendra Singh Vs The State of Uttar Pradesh and Anr.. High Court of Allahabad (India)
...above. Shri Mulla, the learned Counsel for the Petitioner, has referred to the decisions Jatindra Nath Biswas v. State of West Bengal AIR 1975 SC 1215, Deena Hembaram v. District Magistrate, West Dinajpur AIR 1975 SC 1804, Milan Banik v. State of West Bengal AIR 1974 SC 1214 and Sushanta Go......
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Writ Petition No. 16943 of 2015. Case: Hameeda Begum Vs State of Telangana and Ors.. High Court of Andhra Pradesh (India)
...help to delineate the respective areas of the three concepts. (Emphasis is mine) In Jatindra Nath Biswas's v. The State of West Bengal AIR 1975 SC 1215, the Supreme Court in paragraph No. 6 held as It has been repeatedly, pointed out by this Court that even, if one ground, out of two or mor......
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Habeas Corpus Writ Petition No. 992 of 1982. Case: Rajendra Singh Vs The State of Uttar Pradesh and Anr.. High Court of Allahabad (India)
...above. Shri Mulla, the learned Counsel for the Petitioner, has referred to the decisions Jatindra Nath Biswas v. State of West Bengal AIR 1975 SC 1215, Deena Hembaram v. District Magistrate, West Dinajpur AIR 1975 SC 1804, Milan Banik v. State of West Bengal AIR 1974 SC 1214 and Sushanta Go......