ASHUTOSH LAHIRY Vs. STATE OF DELHI

JUDGEMENT

(1.) This application under Art. 32 of the Constitution of India for a writ of 'habeas corpus' made by Ashutosh Lahiry at present detained in District Jail, Delhi, under an order of detention passed on the lst. April 1950 by the District Magistrate of Delhi under the Preventive Detention Act, 1950 raises two questions, namely; (1) that the Preventive Detention Act, 1950 takes away or abridges the fundamental rights of the Indian citizens conferred by Part III of the Constitution and is accordingly void under Article 13(2) of the Constitution; and (2) that the Order of detention has been made 'mala fide' and is an abuse of power and as such void, illegal and inoperative.

(2.) In order to determine the second question it will be necessary to state a few facts. The petitioner is a member of the Hindu Mahasabha. He is a representative of the Bengal Hindu Mahasabha on the Working Committee as well as on the All India Committee of that organisation. In the recent past there were serious communal disturbances in East Bengal in course of which there were, as alleged, extensive killings of Hindu minorities and abduction of Hindu women. This resulted in a large scale migration of Hindus from East Bengal into West Bengal which, it is stated, is still in progress. There can be no question that Hindu feelings were and are running high and communal evidence and repercussions took place in West Bengal also.

(3.) The District Magistrate of Delhi has filed an affidavit in opposition to this application. He states that before he made the Order he satisfied himself from reports and information from persons experienced in investigating matters of this kind and whose duty is to make such investigation and report the same to him' confidentially that it was necessary to detain the petitioner with a view to preventing him from acting in a manner prejudicial to the maintenance of public order.