TARAPADA DE Vs. STATE OF WEST BENGAL
LAWS(SC)-1951-1-4
SUPREME COURT OF INDIA (FROM: CALCUTTA)
Decided on January 25,1951

TARAPADA DE Appellant
VERSUS
STATE OF WEST BENGAL Respondents


Referred Judgements :-

STATE OF BOMBAY VS. ATAMA RAM SHRIDHAR VAIDYA [REFERRED]



Cited Judgements :-

VINOD KUMAR CHAWLA VS. UNION OF INDIA [LAWS(DLH)-1999-1-78] [REFERRED]
GURDEV SINGH VS. UNION OF INDIA [LAWS(DLH)-2000-12-3] [RELIED]
MOHMAD ALLABUX ALIAS BABU KANSARA VS. STATE OF GUJARAT [LAWS(GJH)-1965-2-5] [REFERRED]
ANANDA SANKAR VS. CHIEF SECRETARY TO THE GOVERNMENT OF WEST BENGAL [LAWS(CAL)-1951-6-8] [REFERRED TO]
GOUR GOPAL MUKHERJEE VS. CHIEF SECRETARY TO THE GOVT OF WEST BENGAL [LAWS(CAL)-1952-3-25] [REFERRED TO]
D M REVANASIDDAIAH VS. STATE OF MYSORE [LAWS(KAR)-1951-9-1] [REFERRED TO]
PRIYATOSH MAZUMDAR ON BEHALF OF JOGESHWAR MAZUMDAR DETENU VS. STATE OF W BENGAL [LAWS(CAL)-1963-5-15] [REFERRED TO]
PYARELAL SHARMA VS. UNIVERSITY OF SAGAR [LAWS(MPH)-1961-2-3] [REFERRED TO]
RESHMA SUDHAKAR HEGDE VS. STATE OF MAHARASHTRA [LAWS(BOM)-1992-7-10] [REFERRED TO]
ZAHOOR AHMED PESHIMAM VS. UNION OF INDIA [LAWS(BOM)-1997-9-55] [REFERRED TO]
PREM NATH BAZAZ VS. UNION OF INDIA [LAWS(P&H)-1955-12-6] [REFERRED TO]
BAKSHISH SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1983-4-34] [REFERRED TO]
BASI SINGH VS. STATE OF ASSAM [LAWS(GAU)-1981-4-10] [REFERRED TO]
SYED AASIYA INDRABI VS. STATE OF J&K [LAWS(J&K)-2008-12-53] [REFERRED TO]
UJAGAR SINGH VS. STATE OF PUNJAB [LAWS(SC)-1951-2-7] [REFERRED]
PRABHU DAYAL DEORAH RAJ KUMAR DEORAH VS. DISTRICT MAGISTRATE KAMRUP:DISTRICT MAGISTRATE KAMRUP [LAWS(SC)-1973-10-2] [REFERRED TO]
MOHAMMAD YOUSUF RATHER VS. STATE OF JAMMU AND KASHMIR [LAWS(SC)-1979-8-24] [RELIED ON]
ABDUL HAMIDKHAN AMIRKHAN PATHAN VS. MANMOHAN SING COMMISSIONER OF POLICE [LAWS(GJH)-1982-8-11] [REFERRED]
JITUBHAI JIBHAIBHAI SOLANKI VS. DISTRICT MAGISTRATE KHEDA [LAWS(GJH)-1985-10-35] [REFERRED]
R P GOYAL VS. STATE OF KERALA [LAWS(KER)-1973-6-20] [REFERRED TO]
MANAPPA AND ORS. VS. THE KRISHNA BHAGYA JALA NIGAM LIMITED AND ORS. [LAWS(KAR)-2015-2-234] [REFERRED TO]
CHITIKESI SHOBA RANI W/O CHITIKESI SADASIVUDU VS. STATE OF TELANGANA [LAWS(APH)-2016-1-12] [REFERRED TO]
VASANTHU SUMALATHA AND OTHER VS. STATE OF ANDHARA PRADESH REP. BY ITS CHIEF SECRETARY HYDERABAD AND OTHER [LAWS(APH)-2015-9-93] [REFERRED TO]
RABINDRA NATH MITRA VS. CHIEF SECRETARY [LAWS(CAL)-1951-3-30] [REFERRED]
FEHMEEDA SOFI VS. STATE AND ORS. [LAWS(J&K)-2017-8-141] [REFERRED TO]


JUDGEMENT

- (1.)This is an appeal under Art. 132, Const. Ind, from the judgment of the .H, C. at Calcutta, which rejected the habeas corpus petns. of the applts. The detention orders under the Preventive Detention Act, 1950, in all cases were served on the applts, on 26-2-1950 and the grounds for the detention were served on 14-3-1950. By way of specimen we quote one of them :
"You are being detained in pursuance of a detention order made under sub-cl. (ii) of cl. (a) of sub-s. (1) of S. 3, Preventive Detention Act 1950 (Act IV [4] of 1950), on the following grounds."

(1) That you have been assisting the operations of the Communist Party of India, which along with its volunteer organisations has been declared unlawful by Govt. under S.16, Indian Criminal Law Amendment Act (Act XIV [14] of 1908), and which has for its object commission of, rioting with deadly weapons, robbery, dacoity, arson and murder and possession and use of arms and ammunitions and explosives and thus acting in a manner prejudicial to the maintenance of public order and that it is necessary to prevent you from acting in such manner.

(2) That as a member of the C. P. I. on its Kishan front, you have fomented trouble amongst the peasants. of Howrah District and incited them to acts of lawlessness and violence :

and have thereby acted in a manner prejudicial to the maintenance of public order :

That as a worker of the C. P. I. you have tried to foment trouble amongst the tramways men and other workers at Calcutta and in speeches which you delivered at the University Hall and other places you actually incited them to resort to acts of violence and lawlessness; and have thereby acted in a manner prejudicial to the maintenance of public order."

(2.)On 16-7-1950, the Govt. of West Bengal served on the applts. "in continuation of the grounds already furnished on 14-3-1950 supplementary grounds" for their detention a specimen of which is in the following terms :
"In continuation of the grounds already furnished under order No. 6163 H. S. dated 14-3-1950, you are being informed of the supplementary grounds for your detention which are its follows :

"You as the Secretary of the Bengal Chatkal Mazdoor Union as a member of the Executive Committee of the Federation of Mercantile Employees Union, as the honorary reporter of the 'Khabar' newspaper (C. P. I. organ) carried on the disruptive programme of the C. P. I. on 29-7-1948 you along with others led a procession at Howrah preaching discontent against Govt. and have been thus acting in a manner prejudicial to the maintenance of public order."

(3.)As in the case of the first grounds, these "supplementary grounds" were served on each applt. separately. The applts, applied for a rule of habeas corpus separately under S. 491, Cr. P. C., and on 21-7-1950 the H. C. issued a rule in each case on the Chief Secretary to the Govt. of West Bengal, A second set of grounds were communicated to the applts. on the 22nd or 23rd of July 1950. A specimen of one is in the following terms :
"In continuation of the grounds already furnished under order No. 12820 dated14th(16th ) July 1950 you are being informed-of the supplementary grounds for your detention which are as follows : _

1. That in a meeting held at the University Institute on 19-3-1947 under the auspices of the Calcutta Tramway Workers Union, you held out the threat that any attempt to take out tram cars on 20-3-1947 would be inviting disaster and you further said that if the authorities tried to resume the tram service you and your friends would not hesitate to remove the tram lines and cut the wires.

2. That on 13-6-1948, you presided over a meeting under the auspices of the Student Federation (C. P. I. controlled) and delivered speech advocating withdrawal of ban on the Communist Party of India and its organ Swadhinta."

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