NARANJAN SINGH NATHAWAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Art. 32 of the Constitution submitted through the Superintendent, Central Jail, Ambala, for the issue of a writ of habeas corpus for the release of the petitioner from custody.

(2.) On 5-7-1950, the petitioner was arrested and detained under an order of the District Magistrate of Amritsar in exercise of the powers conferred on him under S. 3, Preventive Detention Act, 1950, and the grounds of his detention were served on him as required by S. 7 of the Act on 10-7-1950. The Act having been amended by the Preventive Detention (Amendment) Act, 1951, with effect from 22-2-1951, a fresh order No. 7853 - ADSB, dated 17-5-1951 was issued in the following terms:

(3.) The petitioner thereupon presented this petition for his release contending that the aforesaid order was illegal inasmuch as (1) the grounds of detention communicated to him on 10-7-1950 were "quite vague, false and imaginary" and (2) he was not furnished with the grounds on which the order dated 17-5-1951 was based. The petition was heard ex parte on 12-11-1951 when this Court issued a rule nisi calling upon the respondent to show cause why the petitioner should not be released, and it was posted for final bearing on 23-11-1951. Meanwhile, the State Government issued an order on 18-11-1951 revoking the order of detention dated 17-5-1951 and on the same date the District Magistrate, Amritsar, issued yet another order for the detention of the petitioner under Ss. 3 and 4 of the amended Act; this last order along with the grounds on which it was based was served on the petitioner on 19-11-1951.