KHALIFA JANKI DAS Vs. IMPERATOR

JUDGEMENT

(1.) SAIFL Kashmiri, a Muhammadan who originally belonged to Lahore, came to Delhi and on 29th October 1949 he was arrested under an order made by the District Magistrate of Delhi Under Section 3, East Punjab Public Safety Act (Act V [5] of 199) which has been extended to Delhi, On the same day, the detenu was supplied with reasons as required in Sub-section (5) of Section 8 and they were as follows: You are an original resident of Lahore and came to Delhi after partition after having developed some differences with your father. Since your arrival in Delhi you started a malicious propaganda against the Jamiat-ul-Ulema and Muslims. You have been acting on communal lines. Recently you Issued three posters which were very objectionable from a communal point of view. Your effort Is to deepen the differences between the population of displaced persons and the Muslim residents of Delhi. Your activities are prejudicial to public safety and maintenance of public order. The period of detention was extended by three months by the Chief Commissioner of Delhi by an order, dated 15th November 1949.

(2.) ON llth November 1949, the petitioner Khalifa Janki Dags filed a petition Under Section 491, Criminal P. C. , asking for the issue of a writ in the nature of habeas corpus in regard to Saifi Kashmiri on the following grounds, and the rule was issued by Bhandari J. , on l0th November 1949 : (1) That Saifi Kashmiri is a Nationalist Muslim who had to leave Lahore because he was opposed to the ideology of the League in Pakistan arid as a refugee settled down at Delhi, where he was working as a Secretary of the Refugee Rehabilitation Mandal and had begun to expose the activities of Jamiat-ul Ulema and the Ahrara and had issued three posters in regard to them; (2) that he had done nothing which was prejudicial to public safety or the maintenance of public order, because he was a law-abiding citizen who believed in the ideology of a Secular State and (3) that his detention was illegal and mala fide because it had been brought about at the instance of the Jamiat-ul. Ulema and the Ahrars who were exploiting the situation to their personal advantages.

(3.) THE rule was issued by Bhandari J. , on 15th November.