HARPAL SINGH Vs. STATE

JUDGEMENT

(1.) This is an application under Section 491, Criminal P. C., by Harpal Singh, security prisoner in the Central Prison, Bareilly, in the following circumstances:

(2.) The applicant was arrested on 29th May 1949. The Provincial Government ordered on 6th Jane 1949 his detention for six months under Section 3 (1) (a), U. P. Maintenance of Public Order (Temporary) Act (IV [4] of 1947). He was transferred to the Central Prison, Bareilly, where he remained in detention till 6th December 1949. He was transferred to Aligarh on 6th December. There, on 6th December he was served with the order of the District Magistrate, Aligarh. This order, D/-4th December 1949, directed him under Section 3 (1) (d) of the Act not to disseminate any news or propagate any opinions prejudicial to the public safety and the maintenance of public order etc., etc., and under section 3 (1) (f) to keep the peace and to abstain from participating directly or indirectly in any activities, subversive of law and order etc., etc. The District Magistrate, Aligarh, further required him under Section 3, Sub-section (3) of the Act to enter into a bond in the sum of Rs. 2000 with two sureties in the sum of Rs. 1000 each for the due performance and enforcement of the restrictions and conditions specified in that order. The order was to remain in force for six months from the date of issue, which is to be presumed to be 4th December.

(3.) This order further provided that for failure to execute the bond and to furnish the sureties the applicant shall be committed to prison under Section 123A, Criminal P. C , or, if he be already in prison, be detained in prison until the period specified above expired or until he executed the bond and furnished the sureties in accordance with the order.