SHAMRAO VISHNU PARULEKAR Vs. DISTRICT MAGISTRATE THANA

JUDGEMENT

(1.) These are petitions under Art.32 of the Constitution for the issue of a writ in the nature of habeas corpus. On 26-1-1956 the District Magistrate Thana, passed orders under S.3(2), Preventive Detention Act 4 of 1950 (hereinafter referred to as the Act ) for the detention of the petitioners and in execution of the orders, they were arrested on 27-1-1956. The next day, the D. M. sent his report to the State Government which on 3-2-1956 approved of the same. Meantime, on 30-1-1956 the District Magistrate formulated the grounds on which the orders of detention were made, and the same were communicated to the petitioners on 31-1-1956. A copy of these grounds was sent to the State Government on 6-2-1956.

(2.) The petitioners challenge the validity of the detention, on two grounds. They contend firstly that the grounds for the order of detention which were furnished to them under S.7 of the act are vague, and secondly that the requirements of S.3(3) of the act had not been complied with, in that those grounds had been sent to the State Government by the District Magistrate, not along with his report on 28-1-1956, but on 6-2-1956, after the State Government had approved of the order.

(3.) There is no substance whatsoever in the first contention. The communication sent to the petitioners runs as follows: