CHAUDHRI RAMBHAJ Vs. PUNJAB STATE

JUDGEMENT

(1.) THIS is a 'habeas corpus' petition under Article 226 of the Constitution filed by Chaudhri rambhaj, an Advocate of Rohtak, on behalf of his uncle Chaudhri Ram Sarup who was arrested and placed under detention under the provisions of the Preventive Detention Act by an order of mr. H. D. Shorie, the District Magistrate of Rohtak, dated 19-10-1953. The copy of the grounds on which the order of detention was based supplied to the detenu under section 7 of the Act reads as follows:

(2.) ON the night of 17-18/8/53 in the area of village Khadwali Sis Ram and Lachhi Ram barbers of that village along with their two brothers--Subha Chand and Ram Narain, were attacked by 8 persons headed by the aforesaid Hem Raj armed with guns, rifles and other dangerous weapons. The former two were done to death, while Sobha Chand was wounded. A case F. I. R. No. 49 dated 18-8-53 under Section 302/307/149/148, I. P. C. was registered at police Station Sadr Rohtak. In this case, four accused--Maman son of Ramji Lal, Pirthi son of sukh Lal, Bhagwana son of Pungar and Ram Chandar son of Jowahra, Jats of this village were arrested and Hem Raj mentioned in para. (1) is still absconding. Taking advantage of your past criminal habits and tendencies and the influence you have gained with the outlaws and in order to screen the accused from punishment, you have engaged in the commission of the under mentioned acts;

(3.) THAT by taking undue advantage of your past criminal habits and tendencies and your association with outlaws and the terror that you have spread amongst the villagers, you in the middle of September 1953 coerced one Chandar son of Hern Chand, resident of village Jassia, P. S. Sadr Rohtak, on a false accusation of theft, forcing him to pay Rs. 2,000/- to you. You beat him and threatened him with death citing the fate of Khedwali case. On or about 26-9-1953. Chandar arranged a sum of Rs. 1150/-by mortgaging his 8 1/2 'bighas' of land with Risala Jat and paid it to you. You gave him 3 days to arrange for the balance of Rs. 850/ -. Having failed to find any means to arrange this amount, the said Chandar has quitted the village in terror.