Khanna, J. - (1.) This is a petition through Jail by Bhabadeb Mondal against the State of West Bengal.
(2.) The petitioner is an advocate of Midnapore. He was arrested on January 15, 1970 in Jhargram and was produced before the Sub-Divisional Magistrate on the following day. Since then the petitioner is in Jail as an under-trial prisoner. Various orders of remand have been made regarding the petitioner by the Magistrate who has been holding his Court in Jail premises. According to the petitioner, his detention for such a long period constitutes an infringement of his fundamental right. He according has prayed for the issuance of an appropriate writ.
(3.) The petition has been resisted by the respondent and the affidavit of Shri Paul Gomes, Assistant Secretary, Home (Jails) Department, Government of West Bengal has been filed in opposition to the petition. According to the affidavit, the petitioner belongs to the Naxalite group and has been taking part in the commission of various offences, including murder, arson, loot and dacoity. The petitioner was wanted in connection with a number of serious cases but could not be apprehended as he, along with some top ranking leaders of his party, went underground. Warrants of arrest were issued against the petitioner but he absconded and evaded arrest. On January 15, 1970 the petitioner, as a result of secret information, was arrested near Jhargram Railway Station with one Sakti Mondal. The petitioner it is further stated, was wanted since October 1969 in connection with Debra Police Station case No. 1 dated October 1, 1969 under Sections 395 and 397 of the Indian Penal Code. The petitioner, according to the affidavit of Shri Gomes, is now under arrest in the following six cases: (1) Case No.1 dated October 1, 1969 under Sections 395/397, I. P. C. (2) Debra P. S. Case No. 3 dated October 5, 1969 under Sections 395/397, I. P. C. (3) Debra P. S. Case No. 9 dated October 14, 1969 under Sections 396/436, I. P.C. (4) Debra P. S. Case No. 10 dated October 19, 1969 under Sections 147, 148, 149, 302, I. P. C. (5) Debra P. S. Case No. 2 dated November 9, 1969 under Section 396, I. P. C. (6) Debra P. S. Case No. 33 dated December 29, 1969 under Sections 147/ 148/149/302, I. P. C. of the aforesaid cases. Charge-sheet in respect of the first case has been submitted against the petitioner and 28 others and the same is pending in the Court of the Sub-Divisional Magistrate Sadar, North Midnapore. Investigation in respect of the second case was also complete and charge sheet was to be submitted at an early date with the requisite approval of the appropriate authorities. Investigation was stated to be in progress in respect of three out of the remaining four cases. As regards the remaining case, it was stated that despite sufficient material no charge-sheet could be submitted against the petitioner as the witnesses were reluctant to depose against him and his group for fear of life. The delay in completion of the investigation, according to the affidavit of Shri Gomes, was due to the fact that the witnesses were afraid to give statements against the petitioner for fear of life. Two of the persons who had lodged the first information reports giving rise to the above mentioned cases were stated to have been killed by the extremists.;