NRIPENDRA CHAKRAVARTY AND ORS. Vs. DISTRICT MAGISTRATE, TRIPURA
HIGH COURT OF GAUHATI
Nripendra Chakravarty And Ors.
District Magistrate, Tripura
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C. Jagannadhacharyulu, J. -
(1.)THESE are petitions filed under Article 226 of the Constitution of India for declaration that the orders of detention passed against the petitioners by the respondent District Magistrate of Tripura under Sub -section (1), read with Sub -section (2) of Section 3 of the Preventive Detention Act (Act IV of 1950) (hereinafter called as the Act) are illegal and to release them from their detention.
(2.)THE respondent served all the petitioners (except the petitioner in Habeas Corpus Petition No. 72 of 1968) with orders as per Ext. A -1 dated 9 -2 -68 under Sub -section (1) read with Sub -section (2) of Section 3 of the Act directing that they should be detained in the jail to prevent them from acting in any manner prejudicial to the maintenance of public order and the maintenance of supplies essential to the life of the community in Tripura. They were all arrested on 11 -2 -68. They were served with grounds of detention under Section 7 of the Act on 15 -2 -68. The State Government was informed of the orders on 13 -2 -68 by the respondent under Section 3(3) of the Act. The State Government gave its approval on 19 -2 -68. It telegraphically communicated to the Central Government the fact of detention under Section 3(4) of the Act on 22 -2 -68.
Though the petitioners were informed that, if they so liked they might make representations to the State Government against the orders of detention and that the Advisory Board would also hear them in person under Section 10 of the Act, none of the petitioners, except the petitioner in Habeas Corpus Petition No. 30 of 1968, made any representation to the State Government.
(3.)THE Advisory Board consisting of Shri S.C. Lahiri, Retired Chief Justice. Calcutta High Court, Chairman, Shri T. K. Paul, Judge, City Civil and Sessions Court, Calcutta, Member and Shri B. C. Das Gupta, Judge, City Civil and Sessions Court, Calcutta, Member,' Considered all the cases and made its report to the State Government under Section 10 of the Act on 17 -4 -68 that there was sufficient cause for the detention of the petitioners. The State Government passed the orders in question on 26 -4 -68 detaining the petitioners for a period of one year.
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