DEB SADHAN ROY vs STATE OF WEST BENGAL

The Supreme Court held that under Section 12 of the West Bengal (Prevention of Unlawful Activities) Act 1970, the confirmation of detention beyond three months must be made within three months and communicated to the detenu within a reasonable time, as mandated by Article 22(4) of the Constitution. The Court distinguished prior cases, asserting that while the confirmation must be in writing, non-communication does not render the detention illegal if no prejudice is shown. The Court upheld the State Government's confirmation as it was within the statutory period, despite the delay in communication to the petitioner.