B CHOUDHARY Vs. STATE OF BHOPAL

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution for issue of a direction or order or a writ in the nature of mandamus or prohibition or for grant of any other relief, to safeguard his fundamental rights under Article 19 (1) (d) and (e) of the Constitution.

(2.) THE petitioner was arrested at Bhopal, on 6-4-1950 and detained under the Preventive Detention Act of i960 for three months by the order of the Chief Commissioner and the detention was extended for another three months. But on 6-10-1850, when his application under Article 226 of the Constitution was pending in the Judicial Commissioner's Court, Bhopal, he was released, his term having expired, but was externed from the whole of Bhopal State, an order under Section 4 (1) (d), Bhopal State Public Safety Act of 1947 read with S. S. Bhopal Administration Order, 1945 passed by the Chief Commissioner, Bhopal. It is this order that is now challenged as encroaching on the petitioner's fundamental rights under Article 19 (1) (d) and (e) of the Constitution. The petitioner urges that the Bhopal State Public Safety Act as also the Bhopal Administration Order, 1945 are void under Articles 19 and 13 of the Constitution.

(3.) THREE affidavits are filed by the petitioner dated 21-10-1945,12-111945and 18-11-1950 while the State of Bhopal filed two affidavits sworn by the Home Secretary, Bhopal, dated 20-11. 1950 and 2-12-1950. The petitioner claims to be a citizen of India while the State Govt. denies this fact and states that the petitioner belonged to District Mymensingh (West Bengal) and shifted to Calcutta during the period of war and then came to Bhopal in January 1949, but has not settled at this place.