NAWABZADA MOHMUD HASAN KHAN Vs. REX

JUDGEMENT

(1.) This order will govern the three habeas corpus applications of Nawab Zada Mahmud Hasan Khan, Mohammad Yamin and Khalil Ahmad, all residents of Sambhal, District Moradabad, who were arrested and ordered to be detained as a sequel to the serioua communal disturbances which took place there on 12th June 1948. The first applicant. Nawab Zada Mahmud Hasan Khan, was the Vice President of the Sabhal Muslim League and is an ex-Chairman of the Sambhal Municipal be ard. The second applicant, Mohammad Yamin, states in his affidavit that he is assessed to an income-tax of Rs. 2,700.

(2.) Nawab Zada Mahmad Hasan Khan was arrested soon after the riots for offences under Sections 802 and 148, Penal Code. He applied for bail to the Magistrate in charge of the inquiry. It was opposed by the prosecution and was rejected. Learned Sessions Judge, however, granted him bail on 19th July 1948. On 28th July 1948, the District Magistrate of Moradabad, acting under Sub-section (2) of Section 8, U. P. Maintenance of Public Order (Temporary) Act. 1947, ordered his detention for a period of fifteen days. Before the expiry of this period, the Provincial Government, acting under Clause (a) of Sub-section (l) of Section 8 of the above Act, directed his detention for a period of six months. The grounds of detention com-municated to him by the District Magistrate were as follows:

(3.) That you yourself are a rabid communalist who is always prepared to excite communally minded Muslims and goondas to make mischief in order to endanger public peace in the town.