JATINDRA NATH BISWAS Vs. STATE OF WEST BENGAL
LAWS(SC)-1975-3-14
SUPREME COURT OF INDIA (FROM: CALCUTTA)
Decided on March 20,1975

JATINDRA NATH BISWAS Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

Untwalia, J. - (1.) 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.
(2.) 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.
(3.) 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.";


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