JANGIR SINGH Vs. STATE OF PEPSU

JUDGEMENT

(1.) ON 23 -1 -52 Jangir Singh and four other persons, whose names are given in the margin, were ordered to be detained under Section 3, Preventive Detention Act, and they were all actually arrested on 26 -1 -1952. They have now made separate petitions under Section 491, Cr.P.Code, and Article 226 of the Constitution of India for their release. Since the points raised in the petitions are common they will be disposed of by one order.

(2.) ON the last hearing it was urged by the Petitioners' counsel that since the Government fixed the period of the Petitioners' detention upto 31 -3 -1952 and the Preventive Detention Act was to remain in force upto that date, the orders of detention in respect of them came to an end on that day and the Petitioners are, therefore, entitled to be released. To this the reply of Mr. Chetan Dass, counsel for the State, was that by virtue of the Preventive Detention (Amendment) Act of 1952 the life of the principal Act has been extended to the end of October, 1952 and according to Section 3 of the amending Act the 'Petitioners' detention 'ipso facto' remains in force so long as the principal Act is in force unless the Government revokes or modifies the order which it has not done so far. The words of Section 3 are:

(3.) AS regards the legality of the Petitioners' order of detention the point stressed the most before me was that the grounds of detention -supplied to the Petitioners were vague and outside the scope of the Act. The first ground is: