KASHI NATH GUPTA Vs. THE STATE

JUDGEMENT

(1.) THIS is an application under S. 491, Criminal P.C. on behalf of the petitioner Kashinath Gupta, who is at present under detention in Central Jail Lashkar, in accordance with an order passed by the District Magistrate Gwalior on 18 8 -1950 under S. 3 (1), (a), (ii), Preventive Detention Act, 1950 (IV [4] of 1950). In the order of detention which is in Hindi Mr. Namdeorao Patil, the District Magistrate of Gwalior has averred that he is satisfied with respect to the petitioner that it is necessary to detain him with a view to prevent him from acting in any manner prejudicial to the maintenance of public order.

(2.) IN the application it has been stated that Kashinath Gupta was arrested on 19 -8 -1950 at 4 A.M. under S. 151, Criminal P.C. by the Sub -Inspector of police Gwalior; that when the police authorities refused to release him on bail, the petitioner applied to the City Magistrate, Lashkar, for being released on bail which was granted. But subsequently the police refused to release him on bail and served him on 19 -8 1950 at 7 P.M., with an order of detention purported to have been passed by the District Magistrate on 18 -8 -1950. It is then stated that the order of detention is mala fide passed for the purpose of preventing the applicant from being released on bail; that the grounds of detention furnished to the petitioner are vague and indefinite and the District Magistrate was not satisfied at the time the petitioner was arrested that it was necessary to detain him with a view to preventing him for acting in any manner prejudicial to the maintenance of public order. The applicant has supported the application by filing an affidavit in which he mentions that the grounds of detention supplied to him are utterly vague and it is impossible for him to make any representation on those grounds and that at no time he in any manner urged the students or the labourers to resort to strike and violence or to break the law.

(3.) IN the return against the application and the affidavit in support of it, sworn by the District Magistrate, it has been admitted that the petitioner was arrested on 19 -8 -1950 at 4 A.M. under S. 161, Criminal P.C. But the District Magistrate further states that the order of detention was passed by him on 18 -8 -1950 and it was served on the applicant on 19 -8 -1950 at 5 -30 A.M. The District Magistrate also said in his affidavit that it was not true that the order of detention was mala fide and that it was also not true that the order was passed without satisfying, himself as to whether it was necessary to detain the applicant with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. The statement contained in the grounds of detention have been repeated in the affidavit sworn by the District Magistrate.