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Satyabrata Seal Alias Dulu Vs. State of West Bengal and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberWrit Petition No. 278 of 1972
Judge
Reported inAIR1973SC756; 1973CriLJ595; (1973)3SCC879
AppellantSatyabrata Seal Alias Dulu
RespondentState of West Bengal and ors.
Excerpt:
.....to be exceeded in respect of buildings of educational and medical relief institution as well as government and semi-government offices and luxury hotels with the previous approval of the government. the norm as set out regarding fsi in dc rules of 1967. it cannot, therefore, be said that the applicant who proposes to construct a luxury hotel would only be entitled to 1.33 fsi as fixed under rule 10(2) of development control rules of 1967. -- section 46 & development control rules, 1967, rule 10 (2): development of land grant of additional floor space index (f.s.i) to certain buildings - held, it is a discretionary power of government. exercise of discretion must be in consonance with article 14 of the constitution of india so that it does not suffer from the vice of arbitrariness...........of detention were also served on him. the fact of making the detention order was reported to the state government on august 23, 1971 and the state government approved the same on august 31, 1971. the same day the necessary report was submitted to the central government, his case was placed before the advisory board on december 9, 1971 and the board gave its decision on january 19, 1971. his representation was received by the state government on december 10, 1971 and was considered by the said government on january 18, 1972. the state government confirmed the detention order on february 2, 1972 and it was communicated to the detenu on february 7, 1972.2. the grounds of his detention are:1. on 16-4-71 at about 20.00 hours you along with others committed murderous assault on shri bulo das.....
Judgment:

I.D. Dua, J.

1. Satyabrata Seal alias Dulu has forwarded the present petition for a writ in the nature of habeas corpus from Dum Dum Central Jail in the State of West Bengal. Like Manu Bhusan Roy Prodhan in W. P. No. 252 of 1972 : reported in : 1974CriLJ401 pursuant to the order of detention dated August 21, 1971 he too was arrested on November 11, 1971 when the grounds of detention were also served on him. The fact of making the detention order was reported to the State Government on August 23, 1971 and the State Government approved the same on August 31, 1971. The same day the necessary report was submitted to the Central Government, His case was placed before the Advisory Board on December 9, 1971 and the Board gave its decision on January 19, 1971. His representation was received by the State Government on December 10, 1971 and was considered by the said Government on January 18, 1972. The State Government confirmed the detention order on February 2, 1972 and it was communicated to the detenu on February 7, 1972.

2. The grounds of his detention are:

1. On 16-4-71 at about 20.00 hours you along with others committed murderous assault on Shri Bulo Das Gupta on the road in front of the Manila Samiti at Dhupguri, Police Station Dhupguri, Dist. Jalpaiguri causing severe injuries to his persson. Shri Das Gupta subsequently died in Hospital. As a result of this murder committed by you people of the locality became highly terrorised and the public peace was greatly disturbed.

2. On 18-7-71 at about 19.30 hours you along with others forcibly entered into Dhupguri High School, Police Station Dhupguri, District Jalpaiguri and set fire to the school buildings causing irreparable loss to the school with the ulterior object of causing dislocation in the present system of education and to compel the school authorities to close down the same. As a result of the fire set by you, the teachers and the local people became panic stricken and the public peace was greatly disturbed.

These two grounds are exactly similar to the grounds on the basis of which Manu Bhusan Roy Prodhan was detained in W.P. 252 of 1972 : reported in : 1974CriLJ401 . As a matter of fact it appears that the present petitioner was one of the persons who, according to the detaining authority, associated with Manu Bhusan, Roy Prodhan in the course of the two incidents mentioned in both these writ petitions. In W.P. 252 of 1972 we have held that ground No. 1 is irrelevant and that ground is not of an unessential nature and its exclusion from consideration might reasonably have affected the subjective satisfaction of the authority making the impugned order of detention. On this ground the present petition has also to be allowed.

3. In the present case, how-ever, there is also an additional infirmity. The representation made by the petitioner to the State Government was received by the State Government on December 10, 1971 but was considered by it only on January 18, 1972. The explanation for this delay as stated in the counter-affidavit is as under:.that delay was also caused due to abrupt, increase in number of detention cases during that time as there was spate of anti-social activities by Naxalite and other political extremists in the State.

This explanation appears to be much too vague and indefinite and this would also have rendered the petitioner's detention thereafter illegal. However, as the grounds of detention are outside the statute the impugned order of detention is liable to be struck down on that ground alone. We had directed the petitioner's release on October 5, 1972. We have now record ed our reasons for doing so.


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