PARKASH CHANDRA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution for a writ in the nature of habeas corpus for the production of the body of Parkash Chandra who is at present being detained under S. 3 (1) (a) (I) of the Preventive Detention Act, 1950 (hereinafter called the Act) in the Central Jail at Tehar and for direction that he be set at liberty.

(2.) THE petitioner became an Associated Chartered Accountant in the year 1938 in england and on 17th July 1940 he joined the British AIR Force. In 1944 he was transferred to the Indian AIR Force and was granted an emergency commission in the Accountant Branch of that Force on 1st February 1944. He was granted a permanent Commission in 1947 and after receiving promotion Commission in 1947 and after receiving promotion he was Acting in the rank of Group Captain on 12th november 1962. It appears that towards the end of October 1963 he was called to the AIR Headquarters by AIR Vice-Marshal Raja Ram. He was questioned about 'his contacts" and was also asked to submit a reply in writing. According to the return it was after a full consideration of his reply and the facts and circumstances of the case that he was summarily dismissed from service on 29th Novemeber, 1963 (vide order Annexure "a" ).

(3.) ON 4th Decemeber, 1963 the following order was made under Section 3 (1) (a) (I) of the Act which must be reproduced in its entirety (Annexure "b")