SAMALIA BHUIAN Vs. STATE

JUDGEMENT

(1.) This is an application from Jail under Article 226 of the Constitution of India by one Samalia Bhuian, who has been detained in custody under detention order, no. 300 C. D. dated the 8th April, 1950 passed against him under Preventive Detention Act, 1950, From his application it appears that even previously he had filed an application, which it is said in the application, was reported to him to have been dismissed by this Court. Against that order, he has appealed before the Supreme Court of India, which is most likely still pending for disposal. The copy of the grounds of detention served on the petitioner in pursuance of Section 7 of the Act is dated the 26th April, 1950. It discloses that the petitioner is an important member of the Communist Party of India. In the body of the grounds it is stated that in pursuance of an international plan of action, the Communist Party of India has adopted a highly secret programme of overthrowing through violence the Government of India as constituted by law. With this end in view, the organisation and the prominent functionaries of the party like Shri B. T. Ran-diva, Shri Chandra Sekhar Singh, Shri Samar Ray, Shri Prabir Mullick, Shri Chinmony Mukharji and others have been very active in putting the plan into operation. The underlying idea is to destroy the present social order by simultaneously waging political and economic struggle so that a communist state as envisaged by the party could supplant the existing Government. On this line, it is stated, secret directions have also been issued to different communist cells, functioning in Bihar to build up illegally, as quickly as possible, large stock of fire arms and ammunition, to smuggle explosives on a large scale, especially from the industrial areas to collect iron bars and other implements for breaking jails and for capturing different service associations so that the services could be exploited at a critical moment to turn against Government and thereby to bring about a complete collapse of the administration. Kisan zamindar conflict has been intensified and efforts have been made to incite kisans to take forcible possession of zamindars' lands even when there is no semblance of any legal right and to use violence if necessary against the zamindars and the police and magistracy in the process of enforcing law and order. Likewise on the industrial front the party has been inciting workers to obtain what the party considers to be the right of the labourers even by resorting to violence, if need be. To accentuate discontentment among the masses, efforts have been made to bring about railway strike so that the supply of food, which is already in a precarious position, may be brought to a stand-still. In fact, a number of leaflets under different headings were issued by and on behalf of the members of the party and the party itself to all sections to bring about that railway strike. Meetings were also held and secret directions on the line and policy of the party were given. Fortunately due to prompt action on the part of Government the attempt could not succeed. The party is, however, on the look out to divert its energy already mobilised in some different direction. Recently, it came to the notice of Government that violent attacks had been made on the police escorts, sometimes successfully, to rescue communists from custody and also to commit other acts of violence. Strict actions are taken against those who hesitate or are found reluctant to come in line with the policy of the party.

(2.) In particular against the petitioner the allegation is that he continues to be a member of the Communist Party of India and therefrom an inference is suggested to be drawn that he is still an active communist and is actively participating in the programme indicated above, otherwise, he would have been by this time chucked out from the party. This inference, it is said, finds strong corroboration from the following facts: (1) He is a close associate of Samar Ray and Prabir Mullick. (2) He is a close associate of communist Chinmoy Mukherji. Documents recovered from the person of communist Chinmoy Mukherji indicated that the party members were to raise militants and to establish links with the R. C. P. I. (3). The name of the petitioner was found mentioned in the list of militants recovered from the possession of Chinmoy Mukherji. That list indicated that a meeting of such militants was also held on 15-6-49, when the Party members were advised to advance courageously and fearlessly. (4). The Petitioner contacted Samar Ray and another underground communist of Bengal at Howrah on the night of 30-10-49 when he received instructions from the aforesaid line. (5). The petitioner contacted absconder communist Anant Sharma on the night of 14-1-50 and received instructions to observe, 'Black Day' on the 26th January 1950.

(3.) On the basis of the facts stated in relation to the activities of the communist party, in general, and in pursuance of the evidence found of the close association of this petitioner, in particular, with the said policy and programme of the party, Government has come to the conclusion that if he is allowed to remain at large he will indulge in activities to the prejudice of public safety and the maintenance of public order and for prevention of such activities his detention was considered necessary.