MASOOD ALAM Vs. UNION OF INDIA

JUDGEMENT

(1.) These two petitioners under Article 32 of the Constitution for writs in the nature of habeas Corpus (Masood Alam v. Union of India and others. W. P. No. 469 of 1972 and Abdul Bari Kairanvi v. Union of India W. P. No. 470 of 1972), have been heard together and are being disposed of by a common judgment.

(2.) Writ Petition No. 469 of 1972 :- In writ petition No. 469 of 1972 we made a short order on December 20, 1972 directing the release of Masood Alam unless he was required in some other case, reserving our reasons for his release to be given later. We now proceed to deal with the arguments advanced on his behalf and give our reasons for our decision.

(3.) Masood Alam, detenu-petitioner, was arrested on June 15, 1972 pursuant to an order of detention dated June 14, 1972. No copy of that order is produced on the record. It is, however, not disputed that the said order was made by the District Magistrate under Section 3 (1) (a) (i) and (ii) of the Maintenance of Internal Security Act, 1971 (Act No. 26 of 1971) (hereinafter called the Act). The grounds of detention signed by the District Magistrate, Aligarh were served on the petitioner on June 17, 1972, pursuant to Section 8 of the Act. Those grounds read :-