SHAMRAO V PARULEKAR STATE OF HYDERABAD Vs. DISTRICT MAGISTRATE THANA BOMBAY:DISTRICT MAGISTRATE THANA BOMBAY

JUDGEMENT

(1.) This petition and three others, namely Petitions Nos. 147, 155 and 157 of 1952 raise issues regarding the 'vires' and applicability to these cases of section 3 of the Preventive Detention (Amendment) Act, 1952. This judgment is confined to those points and will govern these cases only in so far as they raise those points. The remaining points which do not touch these issues will be dealt with by another Bench. The only exception is a point raised in Petition No. 155 of 1952 with which the other petitions are not concerned. We will deal with that separately.

(2.) The present petition (No. 86 of 1952) was argued very ably and with commendable conciseness by the petitioner in person. The fact that he has not been able to persuade us to his view is not due to any defect in his presentation of the case.

(3.) The petitioner was arrested on the 15th of November 1951 and an order of detention under the Preventive Detention Act, 1950, was served on him the same day, and he was given the grounds of detention on the following day the 16th. His case was placed before an Advisory Board and on the 8th of February 1952 the Bombay government "confirmed and continued" the detention under section 11 (1) of the Preventive Detention Act, 1950.