SOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS a habeas corpus petition filed by Shri Sohan Singh Josh who has been ordered by the Punjab Government to be detained under Rule 30 (1) (b) of the Defence of India Rules.

(2.) THE petitioner is a member of the central executive of the Communist Party of India "and at the time of his arrest was the editor-in-chief of the Punjabi daily "nawan Zamana" run by the Punjab unit of the Communist Party of India from Jullun-dur City. On 20-11-1963 the following order for the detention of the petitioner was made-" whereas Shri Sohan Singh Josh son of Lal Sitigh r/o Chetanpur District Amritsar is reported to be indulging in activities prejudicial to the Defence of India and Civil Defence by making propaganda against joining the Armed and Civil Defence Forces and by urging the people not to contribute towards the National Defence Fund; And, whereas, the Governor of Punjab is satisfied in respect of the said Sohan Singh Josh that with a view to prevent him from acting in a manner prejudicial to the Defence of India and Civil Defence it is necessary that the said Sohan Singh Josh bo detained; Now, therefore, in pursuance of the provisions of Rule 3o (1) (b) of the Defence of India Rules, the Governor of Punjab hereby directs that the said Sohan Singh Josh be detained at Gurgaon in the Gurgaon jail and in matters relating to maintenance, discipline and the punishment of offences and breaches of discipline the said Sohan Singh Josh shall be governed by the Punjab Detenus Rules, 1950, as amended upto-date". In pursuance of the above order, the petitioner was arrested on 21-11-1962 at Jullundur and since then is under detention. According to the petitioner, the charges levelled against him in the detention order about his reported indulgence in activities prejudicial to the defence of India and civil defence wore false and calculated to slander him and his party as they suggested and insinuated that he was anti-national and was not carrying out in practice the resolution of the national executive of the Communist Party of India passed on 1-11-1962 in Delhi. The aforesaid resolution supported the Indian Government's policy with regard to the Chinese aggression. The aforesaid charges, it is stated, are completely belied by the articles and notes written toy the petitioner in the Nawan Zamana under his own signatures as the editor-in-chief. The petitioner claims to have written twenty leading articles and notes condemning Chinese aggression calling upon the people to defend the hard-won freedom and integrity of India and to join the defence forces and to donate money, gold and blood for defence and make other sacrifices to save the honour and, independence of the mother land. The petitioner also adopted the position that there should be no negotiations till status-quo before 8-9-1962 was restored by the Chinese Government and aggression vacated. The petitioner accordingly alleges that his detention is vindicative and illegal. He has also referred to the fact that he is being given 'c' class treatment in jail although previously when he was an M. L. A. and M. L. C. he used to get 'a' class treatment during the time of his detention in 1939 and 1948. An affidavit has also been filed by the petitioner about the correctness of the allegations made in the petition.

(3.) THE State of Punjab in reply has filed the affidavit of Shri J. D. Khanna, Deputy Secretary to Government Punjab, Home Department, in which it is stated that it was reported to the State Government that the petitioner was indulging in activities prejudicial to the defence of India and civil defence by making propaganda against joining the aimed and civil defence forces and by urging the people not to contribute towards the National Defence Fund. The State Government, after considering all the material bearing on the point, was satisfied in respect of the petitioner that with a view to preventing him from acting in a manner prejudicial to the defence of India and civil defence, it was necessary that he be detained and accordingly the State Government made the detention order referred to above on 20-11-1962. The fact that some articles were published in the Nawan Zamana in support of India's war effort is admitted on behalf of the respondent, but it is stated that the petitioner also published in some issues of the paper maps showing the claims of China over Indian territory. The petitioner was also stated to be favouring the acceptance of the Chinese proposals more than the Indian line of action. The petitioner was further stated to have been playing a double game and was propagating against joining the armed and civil defence forces and urging the people not to contribute towards the National Defence Fund.