PARSURAM DAS Vs. STATE

JUDGEMENT

(1.) This miscellaneous case under Article 226 of the Constitution was started on a petition filed by thirteen persons who are now under detention in pursuance of various orders passed by the State Government in exercise of their powers under the Preventive Detention Act, 1950 (Act IV (4) of 1950) as amended by the amending Act of 1951 CAct IV (4) of 1951). In his judgment the former Act will be referred to as the old Act and the amending Act of 1951 will be referred to as the new Act. After the admission of this case, we were informed by the State Government that eleven of petitioners excluding Manmohan Misra and Banamali Das have already filed 'habeas corpus' petitions before the Supreme Court of India against their detention. In this case therefore we will deal with the detention of Monmohan Misra and Banamali Das only. As regards the remaining eleven petitioners we decline to pass any order because the validity of their detention is now under challenge before a superior Court.

(2.) In order to appreciate the points of law involved in this case it is necessary to narrate certain facts in respect of each of the petitioners.

(3.) 'Monmohan Misra': This petitioner was detained by an order of the State Government (No. 5119-C dated the 28th October, 1950) which runs as follows: