T M ARUMUGAM Vs. STATE OF MADRAS

JUDGEMENT

(1.) The petitioner applies, under Article 226 of the Constitution of India, for an order that he should be released from the custody, in which he finds himself, as result of the order of the State, under the Preventive Detention Act IV [4] of 1960.

(2.) By the order dated 1-4-1948 under Section 2 (1) (a), Madras Act of 1947, the petitioner was ordered to be detained by the Provincial Government, because his being at large was, in the opinion of the Provincial Government, prejudicial to public safety and the maintenance of public order. Though the order of detention was paaaed, the petitioner never surrendered himself to the police and all efforts to apprehend him proved unsuccessful, as the petitioner evaded arrest for a long time. As a result, action was taken under Sections 87 and 88, Cri. P. C., and the petitioner was declared as a proclaimed offender. Eventually be was arrested by Mathurai Police on 29-4-1949 under Section 54, Gri. P. C., brought to Madras and produced before the Commissioner of Police, who committed him to the Penitentiary, Madras, on the same day. Subsequently he was transferred to the Vollore jail on 13.8-1949 by the order of the Inspector General of Prisons. The order under Section 2(1)(a), Preventive Detention Act was served on him on 2-3-1950 and he is now detained in the Veliore jail in pursuance of that order.

(3.) It is stated in the grounds of detention that the petitioner is an ardent communist and full time non-paid party worker ; and that he was the President of the Tamil Nadu Press Workers' Federation and the keeper of the "Nehru Press" Perambur. The said press under his active connivance and covert activities has always undertaken to print Communist Party propaganda literature for circulation, There are various other activities of a subversive and violent nature attributed to the petitioner and towards the end of the grounds of detention, it is stated that the Commuist Party is an illegal organisation and the underground Communists all over the state arc still indulging in subversive activities such as loot, arson, murder, throwing of bombs etc. It goes on to add that the general situation was, therefore, unsettled and the recent underground circulars and wall posters by the Communists indicate their determination to take advantage of the prevailing conditions to incite labourers and working classes, to cause damage to public institutions and attack police stations and prisons and to try to obtain power by violence. Recent literature seized from the petitioner also indicates that the party is collecting weapons including bombs and revolvers for the occasions. As the petitioner is an active member of this party, according to the Government of the State, in order to prevent acts which are likely to undermine the public safety or the maintenance of public order, the State considers that the petitioner should be detained.