GAJANAN VISHWANATH KETKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS ia an application by Gajanan Vishwanath ketkar under Section 491, Cr. P. C. and Art, 226 of the consitution of India for a Writ of habeas corpus challenging the order of detention passed against him on 24-11-64. The petitioner has alleged that his detention is actuated by malice and that it cannot be justified for the reasons for which it purports to have been made. The averments contained in the petition may be outlined as follows. The petitioner has given his antecedents in the first ten paragraphs of the petition. He is an old man of 67 years. He is a double graduate of the Bombay University. He is the grandson of the late Lokmanya Bal Gangadhar Tilak. He has been in public life for the past fortyfive years. He was convicted during the Salt Satyagrah movement when he participated in what is historically known as Dandi march in 1930. In 1935 he was the President of the Maharashtra Provincial Congress Committee. He was founder Secretary and President of Gita Dharma Mandal. He was the Vice-President of the Anath Hindu Mahila Ashram. He was the treasurer of the Raigarh Memorial Committee, Tilak Janma Shatabdi Fund, Savarkar Satkar Nidhi and also of Hindu Sanghatan Nidhi. He was also the founder of the Poona School and Home for Hindu Anant Ashram and one of the founder members of Gita Jayanti movement. He had served in the Hindu Maha Sabha organization in various capacities. He was the Editor of Kesari for 5 yhears till 1950 and a Trustee of the Kesari Maratha Trust. He was also the editor of sister english paper 'maratha' till 1955. He was also the Editor of 'tarun Bharat' a Marathi daily of Poona, from 1957 to 1964. The petitioner says that he retired from active political life in 1957 and since then has been devoting himself to writing articles in newspapers and periodicals. The petitioner relies upon these antecedents to suggest that it is unlikely that he would take part in prejudicial activities.

(2.) THE petitioner has then stated that since 1957 he was championing the release of Gopal Godse and Vishnu Karkare, the life convicts in Mahatma Gandhi murder case and for that purpose he wrote articles in newspapers. He was advocating in these articles that the usual remission of sentence which is awarded to other prisoners, should not be denied to Godse and Karkare. We were told that had the remission due to the prisoners under the Jail rules been given to Godse and Karkare, they would have been released by about 10-12-1962. It appears that Godse and Karkare had made petitions to the Supreme Court for releasing them from jail on the grounds that they had served their sentences. Pending these petitions, on 13-10-64, orders were passed by the Central Government for releasing Godse and Karkare. Both Godse and Karkare came to Poona about two days prior to the date on which the important event which led to petitioner's detention occurred i. e. , 12-11-1964. Friends and admirers of Godse and Karkare by performing what has been called Satyavinayak Mahapooja. One M. G. Ghaisas, who is petitioner in Criminal Application No. 675 of 1965, issued printed invitation cardes under his signature, a copy of which has been placed before us at Ex. A. It runs thus; "shri Gopalrao Godse, brother of the patriot late Nathuram Godse, Shri Vishnupant Karkare and Shri Madanlal Pahawa have been released from jail. Out of joy for the said release, we, a circle of friends, are going to perform the mahapuja of shri Satyavinayak. We propose to call the aforesaid three persons for offering congratulations to them. You are, therefore, requested to remain present along with your friends circle. " the petitioner has suggested that he received an invitation for attending this mahapuja, because he was one of those who championed the cause of release of Godse and Karkare. The time mentioned in the invitation care i. e. , 5-30 to 7-30 p. m. and the place where the pooja was to be performed is Udyan Karyalaya 619 Shaniwar Peth, Poona 2. The petitioner has alleged that he went to the place at about 7 or 7-30 p. m. by which time Pooja was over. about 125 of 150 persons were present on this occasion. This assembly constituted itself is a meeting which was addressed, in the first instance, by Godse and Karkare followed by the petitioner, who had been proposed to be the Chairman. The contents of the speech made by the petitiner is a matter of dispute in these proceedings. Two rival versions have been placed before us about the contents of the petitioner's speech. According to the petitionr, no speaker eulogized the murder of Mahatma Gandhi. "the petitioner expressed satisfaction that at long last Gopal Godse and Vishnu Karkare were now free. He wished them a happy life. He also expressed that it was his misfortune that he could not dissuade Nathuram Godse from the idea of murdering of Gandhiji. He gave advance information of Godse's idea to Shri B. G. Kher by a registered letter through late Shri Balukaka Kanitkar, a veteran Congress leater of Poona. The petitioner further said that by release of Godse and Karkare a historical chapter of Gandhi murder case has been completed. Gopal Godse and Karkare also narrated their experiences of prison life Shri M. G. Ghaisas thanked those present for attending the said function. " according to the petitioner, this is all that happened on that day. It is stated in the petition that reports of the proceedings appeared in the "indian Express' newspaper on 13-11-64. On subsequent days, reports appeared in other newspapers as well. It is an admitted fact that on 15-11-64 another ceremoney known as Shradha ceremony was held at the same place viz. , Udyan Karyalaya. this ceremony was organised by Sindhutai Godse, the sister-in-law of Nathuram Godse. The petitioner did not attend this fucntion and had nothing to do with the same. Since the 'incident, which took place on 15-11-64, in respect of the Shradha ceremony has been relied upon by the District Magistrate, respondent No. 1, and also by the peitioner, we may set out certainfacts in regard to the same on which there is not mush dispute It appears that the shradha ceremony was being held annually. Permission from the police to instal a loudspeaker was secured on this occasion on 15-11-64 and three persons spoke on this day. They are N. G. Abhyankar, Advocate (who is petitioner in Cr. Appln. No. 614 of 1965 ). P. V. Davre, Advocate (who is petitioner in Cr. Appln. No. 615 of 1965) and V. P. Bapat (who is petitioner in Cr. Appln. No. 870 of 1965 ).

(3.) QUESTIONS were asked in the State Legislative Assembly as also in the Parliament as to why action was not taken against those who participated in the said functions of Pooja and shradh ceremony. Reference has been made to this in paragraph 16 of the petition. It is further stated in the same paragraph that some persons demanded that action should be taken against the participants of the functions. The petitioner's case is that as a result of the commotion created by the newspaper reports and the debate in the Assembly and the Parliament, a storm of controversy was raised as a result of which he was relieved from the post of editorship of Tarun Bharat on 19-11-64. It appears that the petitioner left Poona on 23-11-64 and reached Madras on 24-11-64. The District Magistrate, Poona passed an order on 24-11-64 for the detention of the petitioner. The same day, the District Magistrate passed similar orders against some other persons,. who have all preferred petitions in this Court. The Order runs thus: "whereas I, M. A. Deshmukh, District Magistrate, Poona, am satisfied with reference to the person known as shri Gajanan Vishwanath Ketkar of Poona that with a view to preventing him from acting ina manner prejudicial to the Defence of India public safety, the maintenance of public order it is necessary to make the following order: now, therefore, in exercise of the powers conferred upon me by rule 30 (a) (b) of the Defence of India Rules, 1962 read with the Government Notification in Home Department (Special) No S. B. III/dor 1162-I dated the 9th November 1962, I do hereby direct that the said Shri Gajanan Vishwanath Ketkar be detained. " the petitioner has alleged that on 25-11-64, when he came to know about the order of detention,he went to the Police Commissioner, Madras, and surrendered himself. He was then being taken back to Poona and while the train was at Dhond station the order of detention was served upon him on 28-11-64. the order of detention came to be confirmed by the State Government on 1-2-1965. Review was made as a result of which the order was again confirmed on 13-5-65. It is against this order of detention passed by the District Magistrate on 24-11-64, that the petitioner has filed the present petition.