SITARAM KISHORE PURIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Section 491, Criminal P. C., and Article 226 of the Constitution of India for a writ of habeas corpus. The petitioner was taken into custody on 28-7-1955, and was served with a copy of the order of detention, under Section 3 Sub-section (2) and Section 4, Preventive Detention Act (Act IV of 1950), passed by the District Magistrate of Bhagalpur. The order of detention was served on him on 29-7-1955. The order was passed upon him on the allegation that he was a member of the Bharatiya Jan Sangh 'cum' R, S. S. S. and his activities as a member of these two organisations, particularly in connection with the campaign for banning of cowslaughter, were prejudicial to public order, and 'as such his detention was necessary 'in the interest of, public tranquillity.

(2.) In pursuance of Section 7, Preventive Detention Act, the District Magistrate of Bhagalpur also served upon the petitioner a copy of the grounds when the petitioner was confined in the Central Jail at Bhagalpur. The statement of the grounds bears date 30-7-1955, which was duly forwarded to the Superitendent, Central Jail, Bhagalpur, for service and return. The petitioner has moved this Court, accordingly, for ordering his release from detention as, according to him, the detention order is bad in law, mala fide and meant for suppression of freedom of speech. He has also attacked the grounds of 'detention as being vague which would not enable him to make an effective representation against his detention. He has also stated in the petition that he never indulged in any activity prejudicial to the maintenance of public order and security of the State.

(3.) The petitioner has admitted in the application that he is the Provincial Joint Secretary of the organization known as Gohatya Nirodh Samity, which is an all-India body brought into existence with the object of seeming the prevention of cow-slaughter by legislation. He has also stated that he was the organiser of Bhagalpur District Gohatya Nirodh 'Samity and also a member of the Bihar Provincial Executive of the said Samity; but he denies that beyond carrying on peaceful agitation for prevention of cow-slaughter in the country by legislation and beyond winning public support for the movement, he indulged in any activity of a prejudicial character against the maintenance of public order. Learned counsel for the petitioner urged that, in the circumstances, the act of the District Magistrate of Bhagalpur in passing an order of detention against the petitioner amounts to suppression of freedom of speech. We have been taken through the grounds which were served, upon the petitioner. These are eight in number. Learned Counsel for the petitioner has taken us through each one of the grounds seriatim and contended that none of these grounds in fact can be said to be of a character which can be connected in any way with the prejudicial activity of the petitioner against the maintenance of public order. The grounds set out are as follows :