Case Note & Summary
The Supreme Court of India dealt with a writ petition under Article 32 of the Constitution seeking a writ in the nature of habeas corpus against the detention of the petitioner under the West Bengal (Prevention of Violent Activities) Act, 1970. The petitioner was arrested and detained on February 5, 1971, pursuant to an order of the District Magistrate, 24 Parganas, passed under Section 3(1) and (3) of the Act. His case was referred to the Advisory Board, which reported that there was sufficient cause for his detention. Subsequently, the State Government, acting under Section 12 of the Act, made an order on May 5, 1971 confirming the detention order and continuing the detention. The only contention raised in the petition was that the confirmation order was made one day after the expiration of the period of three months from the date of detention. The petitioner argued that the three-month period would end at midnight on May 4, 1971, and any confirmation thereafter would be invalid. The Supreme Court examined the method of computing the period of three months from the date of detention. Relying on Halsbury's Laws of England and a series of English authorities, the Court reiterated the well-established rule that where a particular time is given from a certain date within which an act is to be done, the day on that date is to be excluded. This rule had been consistently followed in cases such as Young v. Higgon, Radcliffe v. Bartholomew, and others. Applying this principle, the Court excluded February 5, 1971, the date of commencement of detention, from the computation. Consequently, the confirmation order made on May 5, 1971 was held to be within the period of three months from the date of detention. The contention raised on behalf of the petitioner was not sustained, and the writ petition was dismissed. The Court's decision affirmed the validity of the detention order and the confirmation, thereby rejecting the challenge to the timing of the confirmation.
Headnote
A) Preventive Detention - Computation of Time - Exclusion of First Day and Inclusion of Last Day - West Bengal (Prevention of Violent Activities) Act, 1970 (President's Act 19 of 1970), Sections 3(1), 3(3), 12 and 13 - The petitioner was detained on February 5, 1971 under Section 3(1) and (3) of the Act, and the State Government confirmed the detention under Section 12 on May 5, 1971. The petitioner contended that the three-month period from the date of detention expired at midnight on May 4, 1971, making confirmation one day late. The Court applied the well-established rule that in computing a period within which an act is to be done, the first day is excluded and the last day included. Accordingly, February 5, 1971 was excluded, and the confirmation on May 5, 1971 was within the three-month period; the writ petition was dismissed. Held that the order of confirmation was made before the expiration of three months from the date of detention. (Pages 330-331)
Issue of Consideration
Whether the confirmation of the detention order made on May 5, 1971 was within the period of three months from the date of detention on February 5, 1971, and the correct method of computing the said period
Final Decision
The Supreme Court dismissed the writ petition, holding that in computing the period of three months from the date of detention, the date of commencement of detention (February 5, 1971) was to be excluded, and therefore the confirmation order made on May 5, 1971 was before the expiration of the three-month period.
Law Points
- In computing a period of time from a specified date within which an act is to be done
- the first day is excluded and the last day included
- Date of detention excluded while computing three-month period for confirmation of detention under West Bengal (Prevention of Violent Activities) Act
- 1970
- Writ petition dismissed as confirmation made within time
