UJAGAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The earlier of the two petitions has been filed by one Ujagar Singh, under Art. 32 of the Constitution of India, for a writ of habeas corpus and for an order of release from detention. The letter petition is a similar one by one Jagjit Singh. in both the petitions, the respondent is the State of Punjab. The orders of detention were made under the Preventive Detention Act 4 of 1950. The petitions are not connected with each other, except that they raise the same grounds.

(2.) In petition No. 149 of 1950, Ujagar Singh was originally arrested and detained under the East Punjab Safety Act on 29-9-1948. He was released on 28-3-1949, but on the same date, there was an internment order against him. On 29-9-1949, he was rearrested. On 2-3-1950, an order of detention under the Preventive Detention Act, 1950, was served on him, and on 3-4-1950, he was served with the grounds of detention dated 11-3-1950. Both in September 1949 and in March 1950, the ground alleged was "You tried to create public disorder amongst tenants in Una Tehsil by circulating and distributing objectionable literature issued by underground communists." Additional grounds were furnished in July 1950.

(3.) In petition No. 167 of 1950, Jagjit Singh was arrested on 24-7-1948 under the provisions of the Punjab Safety Act, 1947. After the East Punjab Public Safety Act, 1949, came into force, a fresh detention order dated 14-5-1949 was served on him and he continued to be kept in jail. Grounds of detention were given to him on 7-9-1949. A fresh order of detention under the Preventive Detention Act 4 of 1950 dated 2-3-1950 was served on 7-3-1950. Grounds of detention dated 11-3-1950 were served on him on 3-4-1950. Both in September 1949 and April 1950, the same ground was given i. e., "In pursuance of the policy of the Communist Party, you were engaged in preparing the masses for violent revolutionary campaign and attended secret party meetings to give effect to this programme." Additional or supplementary grounds were served on 5-8-1950.