Judicial Dictionary

Indo-Pak war 1971

It is a matter of public history of which judicial notice can be taken, and indeed even Shri Chatterjee could not controvert it, that for several months preceding the Indo-Pak war which began on December 3, 1971, there was a continuous influx of refugees (running into several millions) from what was then known as East Pakistan and is now free Republic of Bangla Desh and that on our eastern borders the situation was anything but normal, Indeed, this unprecedented influx of refugees from the very nature of things could not but give rise to colossal problems affecting inter alia the law and order situation and maintenance of security in the State of West Bengal.

Between November 23 and December 16, 1971, therefore, the entire Home Department in West Bengal, including its Special Section which owed its birth to the urgent need of dealing with the detenus and other allied problems, can legitimately be assumed to have been under considerable stress and strain on account of the vexed problem posed by the indiscriminate influx of refugees with unknown antecedents from across our eastern borders.


SAMARESH CHANDRA BOSE AND OTHERS Vs. THE DISTRICT MAGISTRATE, BURDWAN AND OTHERS [SC]

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