ASHA RAM Vs. STATE

JUDGEMENT

(1.) This is an application by Sri Asha Ram, a Lecturer in the Allahabad University, praying that this Court may be pleased to release him in the exercise of the powers of habeas corpus which it enjoys under Article 226 of the Constitution.

(2.) Mr. Asha Ram has been in preventive detention in pursuance of an order issued by the District Magistrate of Allahabad on 24th April 1950. This order was issued by the District Magistrate under Section 3, Preventive Detention Act. Section 3 (1) of that Act empowers the Central Government or the State Government to make an order directing a person to be detained if it is satisfied with respect to any person that it is essential to prevent him from acting in any manner prejudicial to--(i) the defence of India, the relations of India with foreign powers, or the security of India, or (ii) the security of the State or the maintenance of public order, or (iii) the maintenance of supplies, and services essential to the community. Sub-clause (2) of Section 3 empowers, inter alia, a District Magistrate or the Sub-Divisional Magistrate. . . if satisfied, as provided in Sub-clause (ii) and (iii) of Clause (a) of Sub-section (1) to exercise the power conferred by the said sub-section.

(3.) It will be noticed that under this Sub-section it is open to the District Magistrate to order preventive detention of persons whose actions are prejudicial to the maintenance of public order. The case, therefore, against Mr. Asha Ram is that his acts were prejudicial to the maintenance of public order.