S S YUSUF Vs. REX

JUDGEMENT

(1.) On 31st March 1948, an order was issued under Section 3 (1) (a), U. P. Maintenance of Public Order Act for the detention of Shri Santa Singh Yusuf, a communist leader of Kanpur. He could not, however, be found till 28th May 1948, when he was arrested and incarcerated in the Naini Central prison at Allahabad. He moved an application under Section 491, Criminal P. C., and, by its order dated 24th September 1948, the Allahabad Bench of the High Court held the detention to be illegal and directed the petitioner's release.

(2.) The petitioner was actually released from confinement on 29th September 1948, but on the same day, on coming out of jail, an order under Section 3 (1) (b), (c) and (f) was served upon him prohibiting his entry into certain districts and directing him to proceed along a particular route and by a particular train to Sitapur where he was to remain within the confines of the Municipality and was to report himself to the Deputy Commissioner, or his nominee, once every week. It was further directed that the petitioner should not participate in any subversive activities nor should he disseminate news or propogate opinions prejudicial to the maintenance of public safety.

(3.) This order is dated 25th September 1948, i. e., the day after the order of the Court holding Shri Yusuf's detention to be illegal. In an affidavit filed by the Home Secretary in this Court in proceedings questioning the validity of the order, it is, however, stated that it had been decided sometime earlier to issue such an order at the time of the detenu's release in due course (an event which would take place by 30th September) and the order had actually been signed but, before it could issue, information was received of the High Court's decision and the order had to be modified. Thus it came about that the order was issued the day after the High Court's order.