DARSHAN SINGH JHABAL Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment would dispose of ten habeas corpus petitions, Criminal Miscellaneous petition Nos. 101 to 109 and 155 of 1963, filed respectively by Sarvshri Darshan Singh Jhabal, Gurbax Singh Atta, Raghbir Singh, Mota Singh, Dalip Singh Johal, Ghuman Singh, Karnail Singh, Dhanpat Rai, Jarnail Singh and Shamsher Singh Josh against the State of Punjab challenging the orders of the Punjab Government for their detention under Rule 30(1)(b) of the Defence of India Rules.

(2.) THE Petitioners are members of the Punjab State Council of Communist Party of India. Eight of them expressly stated this fact in the petitions filed by them while the remaining two, namely. Shri Mota Singh and Shri Shamsher Singh Josh, have stated so at the hearing of the petitions. The orders for the detention of the Petitioners are dated 20th November, 1962 and, but for the name and description of the detenu, are in identical terms and read as under - -

(3.) THE State of Punjab in its reply has filed the affidavits 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 Petitioners were 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. The State Government after considering all the material bearing on the point was satisfied in respect of the Petitioners that with a view to preventing them from acting in a manner prejudicial to the defence of India and civil defence it was necessary that they be detained. The State Government accordingly made orders on 20th November, 1962, under Rule 30(1)(b) of the Defence of India Rules that the Petitioners be detained. The allegation that the detention of the Petitioners was mala fide and illegal has been denied. The Petitioners, according to the reply of the State Government, were shown and explained the detention orders at the time of their arrests and soon thereafter copies of the detention orders were furnished to them. So far as the allegation of Shri Josh is concerned it is stated that the State Government was not motivated or influenced in the least by the factum of the election petition pending against him. Shri Josh who was originally ordered to be detained in Rohtak Jail was subsequently directed to be detained in Ambala Jail with a view, it is stated, to give him facility of imparting instructions to his counsel regarding the election petition for which purpose interviews were allowed with his legal advisers. The other allegation, that Shri Josh was detained because of his severe criticism of the Congress Party, has been denied and it is stated that only those members or M.L.A.s of the Communist Party have been detained in respect of whom the State Government was fully satisfied that they were indulging in prejudicial activities.