AHMAD ALI Vs. STATE

JUDGEMENT

(1.) This is an application by one Ahmad Ali for issue of a writ in the nature of habeas corpus. Ahmad Ali is under detention under the provisions of the Preventive Detention Act, 1950 (Act IV [4] of 1950). The main contention that has been urged in support of this application is that the grounds of detention disclosed to the applicant are vague, and no reasonable person could, on those grounds, come to a view that it was necessary to detain the applicant for the purpose of maintaining public order.

(2.) The first ground mentioned is that the applicant indulged in fiery speeches in the month of May 1948 and thereafter he went underground and evaded his arrest. The second ground is that he held a secret meeting on the night between the 22nd and 23rd March 1949, at the residence of Ram Prasad sweeper, an absconder communist, wherein he criticised the present Government as by law established and compelled the audience to overthrow such a capitalist Government. The third ground is that he had been issuing objectionable leaflets off and on and at the time of his arrest several such papers were recovered from his possession. The last ground is that he organised a procession Of ladies and children on 5-5-1949, at Tundla in defiance of orders under Section 144, Criminal P. C., with a view to create disaffection among the people.

(3.) The above reproduction of grounds of detention shows that in all the grounds served on the applicant there was no mention that he, at any stage, incited the people to violence or to do any illegal acts.