Skip to content


Debendra Nath Goswami Vs. the State of West Bengal - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberWrit Petition No. 258 of 1972
Judge
Reported inAIR1973SC757; 1973CriLJ596; (1973)3SCC901
ActsConstitution of India - Articles 22(5), 32 and 226; Maintenance of Internal Security Act
AppellantDebendra Nath Goswami
RespondentThe State of West Bengal
Excerpt:
.....in the course of the proceedings for the registration of the assessee-firm all its partners had stated before the income- tax officer that g was a partner in the as firm, not in his individual capacity but on behalf of the ferozepore firm. it was found by the income-tax officer that the capital of the assesseefirm was supplied by g who had taken the amount from the ferozepore firm, and, that the assessee-firm was to carry on the same kind of business as the ferozepore firm. the incom-tax officer rejected the application for the reason that 'in reality it was not g but the ferozepore firm that was the partner of the assessee-firm and consequently, the assessee-firm was illegally constituted because : (i) ferozepore firm could not legally be a partner in the assessee-firm; (ii) the..........on him at the time of his arrest. the fact of making the detention order was reported to the state government on may 3, 1971, the day it was made. the state government approved that order on may 11, 1971, and also reported that fact to the central government the same day. his representation was received by the state government on january 22, 1972 and was considered by it on february 15, 1972. his case was placed before the advisory board on january 25 1972 and the advisory board made its report on february 17, 1972. the detention was confirmed by the state government on february 25, 1972 and communicated to the petitioner on march 1, 1972.3. the delay by the state government in considering the petitioner's representation is, in our opinion, prima facie unreasonable and it requires.....
Judgment:

I.D. Dua, J.

1. Debendra Nath Goswami forwarded through Dum Dum Central Jail an application for a writ in the nature of habeas corpus. That petition purported to be made under Article 226 of the Constitution and under Section 491, CrPC. Later he forwarded another application under Article 32 of the Constitution from Burdwan Jail where he was apparently transferred in the meantime, seeking the same relief.

2. The petitioner was arrested on December 29, 1971 pursuant to an order of detention made on May 3, 1971. The grounds of detention were served on him at the time of his arrest. The fact of making the detention order was reported to the State Government on May 3, 1971, the day it was made. The State Government approved that order on May 11, 1971, and also reported that fact to the Central Government the same day. His representation was received by the State Government on January 22, 1972 and was considered by it on February 15, 1972. His case was placed before the Advisory Board on January 25 1972 and the Advisory Board made its report on February 17, 1972. The detention was confirmed by the State Government on February 25, 1972 and communicated to the petitioner on March 1, 1972.

3. The delay by the State Government in considering the petitioner's representation is, in our opinion, prima facie unreasonable and it requires satisfactory explanation. The explanation for this delay is contained in para 9 of the counter-affidavit sworn by Shri Sukumar Sen. Deputy Secretary, Home (Special) Department, Government of West Bengal on August 21, 1972. It reads as under:

9. In this connection I further state that in considering the said representation of the said petitioner there was a delay of about 25 days. I further state that the said representation could not be considered earlier by the State Government inter alia on the ground that cue to sudden and abrupt increase in numbers of detention cases relating to detentions under the said Act and the Maintenance of Internal Security Act, there were great pressure of works in this department of Home Special and in consequence whereof consideration of urgent cases was a little delayed.

State of West Bengal W.P. No. 174 of 1972, D/- 7-8-1972 : reported in

22(5)

as soon as may be

the earliest opportunity


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //