P.C.BOROOAH, J. - (1.) THE subject matter of challenge in this Rule is the detention of one Debashis Dasgupta who was taken into custody on 26th of May. 1973 pursuant to an order No. 633 -DD (M) dated the 26th May. 1973, passed by the Commissioner of Police, Calcutta in exercise of his powers conferred by subsection (1) (a) (ii) read with Sub -section (2) of Section 3 of the Maintenance of Internal Security Act, 1971. The object of detention as set out in the order was to prevent the detenu from acting in any manner prejudicial to the maintenance of Public order. The impugned order rests on two grounds which reads as follows:
(2.) ON 22 -12 -72 at about 22.15 hrs. you and your associates, 15/20 in number. including Tapan Dey Sarkar of 38D Pratapaditya Road. Biswanath Chakra -yarty of 38C, Pratapaditya Road, conjointly launched a violent attack on the residents and shop -keepers around Pratapaditya Road near its crossing with Sahanagar Road by hurling bottles at random in order to overawe them. In course of the disturbances, due to hurling of bottles, one Sudhir Das of 19/B, Pratapaditya Road and one Ram Chandra Marik of 19A. Pratapaditya Road sustained injuries on their person from broken pieces of bottle. You all also exploded bombs while escaping from the place of disturbance after ransacking the shops of Sitaram Show. Ram Chandra Mallik. Padma Sain, Bharat Rajak end Sudhir Das all of Pratapaditya Boad. By doing such acts of violence you and your associates created great public disorder paralysing the current of public life of the locality. On 23 -12 -72 at about 22.30 hrs. you along with Anil Kumar Sadhukhan alias Khodan of 44A and 37/3/A, Tolly -gunge Road, Badan Banerjee of Rajani Bhattacharjee Lane, Surapati Mukherjee of Pratapaditya Road and others all being armed with sodawater bottles, bombs and pipeguns formed a violent assembly in front of 7. Haji Mahasin Road and attacked Sri Lakshmi Kanta Bose. M.L.A by hurling sodawater bottles and bombs on Haji Mahasin Road. The incident brought about serious repercussion in the locality affecting the even tempo of life of the people of the locality who were terrorised to pursue their normal avocations for a considerable period of time.' Against the order of detention the detenu made a representation which he handed over to the Superintendent of the Presidency Jail, Calcutta on the 20th June. 1973, The representation was received by the State Government on 25th June, 1973 end was rejected after consideration on the 28th June, 1973. The State Government referred the detenu's case to the Advisory Board on the 21st June, 1973. After the detenu's representation was rejected by the State Government it was sent to the Advisory Board which considered the representation and submitted its report on the 26th July, 1973 that there was sufficient cause for detention and the order of detention was duly confirmed on the 6th August. 1973.
(3.) ON the facts set out above, Mr. S. Banerji. appearing on behalf of the petitioner, has argued that the order of detention is illegal inasmuch as the mandatory requirements of Section 10 of the Maintenance of Internal Security Act which requires the State Government to refer the detenu's case to the Advisory Board along with the representation of the detenu, if received, within a period of thirty days has not been complied with. Mr. Banerji submits that the detenu submitted his representation of the Jail authorities on the 20th of June. 1973 before the expiry of thirty days and the State Government's failure to send the representation to the Advisory Board while referring the detenu's case has deprived the detenu of his statutory and constitutional right and as such, the order of detention has become invalid. In support of his argument Mr. Banerji has drawn our attention to a decision of this Court viz. Gopal Chandra Mazumdar v. Commr. of Police, Calcutta. 1973 Cri LJ 127 (Cal).;