NOOR MOHAMMAD Vs. REX

JUDGEMENT

(1.) These are three applications by Hakim Noor Mohammad alias Noorani, Noor-ul Hasan and Ahmad Salim Ullah of Kanpur under Section 491, Criminal P. C, against orders passed against them by the Provincial Government under Section 3 (l) (a) of U. P, Act IV [4] of 1947. I propose to take them up together as the points raised on behalf of the applicants are common.

(2.) It appears that the applicants were arrested on 6th June 1948 and detained by the order of the District Magistrate of Kanpur under Section 3 (2) of V. p. Act iv [4] of 1947 for fifteen days. The matter was then apparently referred to the Provincial Government and the applicants were thereafter ordered to be detained for a period of six months by an order of the Provincial Government, dated 17th June 1948. The grounds for detention were also supplied to the applicants by the Provincial Government immediately afterwards on 13th June. I propose to set out these grounds in detail. In the case of Ahmad Salim Ullah the grounds were as follows: That in Chamnganj you have formed along with Hakim Noorani and others an organisation which is secret with a view to weaken the administration of the Indian Union Government and spread communal bitterness in the following manner : a) that you are inducing Muslims to organise and to be prepared to stand by the Hyderabad State in the event of any future emergency between the Hyderabad State and the Indian Dominion; (b) that you were spreading disaffection among the Muslims against the Indian Dominion; (o) that your behaviour in the past had also been of a very communal nature and that you organised stabbing in the Charaanganj vicinity in March and September 1947, during the period- of communal tension in Kanpur.

(3.) The following grounds were supplied to Noor-ul Hasan: That you in Chamanganj, have formed along with Hakim Noorani and others a secret organisation with a view to weaken the administration of the Indian Union Government and spread communal bitterness in the following manner : a) that you have been advocating that the Muslim Government servants need owe no allegiance towards the Indian Union Government and that their first interest lies with the Muslim ruler of Hyderabad State; (b) that you have been preaching to retired Government officials that they should form an organisation to tamper with the loyalty of the existing members of Government servants, and (c) that you create panic in the city by spreading the rumour that there would be riot B throughout the Indian Dominion after 15th June 1948 when H. E. Lord Mountbatten would leave India.