AMIYA KUMAR KLARMAKAR Vs. STATE OF WEST BENGAL
LAWS(SC)-1972-7-19
SUPREME COURT OF INDIA
Decided on July 31,1972

AMIYA KUMAR KLARMAKAR Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

Shelat, J. - (1.) By his order, dated November 22, 1971, the District Magistrate, Nadia, directed the detention of the petitioner under and by virtue of power conferred upon him by sub-section (1) read with sub-s. (2) of S.3 of the Maintenance of Internal Security Act, 26 of 1971. The order recites that it was issued with a view to prevent the petitioner from acting in any manner prejudicial to the maintenance of public order. Consequent upon the passing of the said order, the petitioner was arrested on December 1, 1971 and he has since then been detained in Dum Dum Central Jail.
(2.) The grounds of detention furnished to the petitioner at the time of his arrest stated as follows: "(1) On the night of 30-7-71 at about 20.00 hours you along with your associates entered into the Toddi Shop of Shri Gopinath Behara s/o.Late Ram Behara at Gangnapore P.S. Ranaghat, District Nadia, and stabbed Shri Gopinath Behara with daggers causing severe bleeding injuries on his person. You also terrorised the local people by exploding bombs. Subsequently, the said Gopinath Behara succumbed to his injuries at Saktinagar Hospital. Such action created terror and panic in the minds of the local peace-loving people and caused disruption to their normal work. (2) On 31-7-71 at about 21.30 hours at Rameswarpur, P.S. Ranaghat, District Nadia, you along with your associates armed with lethal weapons attacked Ajahar Ali Khan s/o. Late Jabbur Khan of the said village and killed him by causing severe injuries on his person. You did this with a view to promoting your political ideology. Such action terrorised the local peace-loving people who out of fear and panic had to suspend their free movements and normal work."
(3.) As required by the Act, the District Magistrate reported the fact of his having passed the said order to the State Government and that Government approved his said action. The matter was also reported to the Central Government. The petitioner's case was then referred to the Advisory Board. In the meantime the petitioner made his representation which was received by the State Government on January 3, 1972 and was disposed of by that Government on January 25, 1972. The Board gave its opinion after considering the said representation forwarded to it by the Government together with other documents relating to the petitioner's case that there was sufficient cause for the detention. Finally, the State Government passed its order, dated February 18, 1972 confirming the said order and the petitioner's detention thereunder. It would, thus, appear that the relevant authorities under the Act took all steps, consequential to the passing of the said order, as prescribed by the Act.;


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