DEB SADHAN ROY versus STATE OF WEST BENGAL

DEB SADHAN ROY versus STATE OF WEST BENGAL

The mandatory provisions for detention and confirmation under the Act and Article 22(4) were fully complied with; confirmation was made within three months, and delay in communication did not prejudice the petitioner. The grounds of detention were not vague, and the acts alleged amount to disturbance of public order under the Act.

Parties
Petitioner: Deb Sadhan Roy; Respondent: State of West Bengal
Jurisdiction
India
Judgment Date
07 December 1971
Procedural Posture
Writ Petition / Final Decision
Outcome
Petition dismissed
Legal Topics
Preventive Detention, West Bengal (prevention of Violent Activities) Act 1970, Article 32 of the Constitution, Article 22 of the Constitution
Constitutional Law Criminal Law Preventive Detention West Bengal (prevention of Violent Activities) Act 1970 Article 32 of the Constitution Article 22 of the Constitution

Case Brief

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Parties

Deb Sadhan Roy

Petitioner

State of West Bengal

Respondent

Procedural Posture

Writ Petition / Final Decision

Legal Issues

  1. 1 Whether confirmation of the Advisory Board's recommendation for detention beyond three months under Section 12 must be within three months and communicated to the detenu within that period.
  2. 2 Whether grounds of detention are vague due to not mentioning the names of associates.
  3. 3 Whether alleged facts amount to disturbance of public order under Section 3(2)(c) of the Act.

Ratio Decidendi

The mandatory provisions for detention and confirmation under the Act and Article 22(4) were fully complied with; confirmation was made within three months, and delay in communication did not prejudice the petitioner. The grounds of detention were not vague, and the acts alleged amount to disturbance of public order under the Act.

Court Disposition

Petition dismissed

Orders

  • Petition dismissed; detention of petitioner not illegal.