(1.) THIS is a petition under Section 491, Criminal P. 0., on behalf of one Siddique Ali, Chief Store -Keeper in the Tinplate Company, Limited, at Jamehedpur in the district of Singh -bhum. The petitioner was arrested on 9th August 1948, at Jamshedpur and was detained in the Purulia Jail by virtue of an order of the Deputy Commissioner of Singhbhum who exercises the powers of a District Magistrate in that district under Section 2(l)(a), Bihar Maintenance of Public Order Act, 1947 (hereinafter referred to as the Act). Snob an order is valid only for IS days under Sub -section (2) of Section 3 of the Act. The petitioner was served with a copy of the grounds of his detention by the Deputy Commissioner on 16th August 1948. On 23rd August 1948, the Provincial Government passed an order under el. (a) of sub -8. (1) of Section 2 of the Act directing the detention of the petitioner until further orders of the Governor of Bihar, A copy of this order was served on the petitioner on 27th August 1948. On 8th or also August 1948, the Provincial Government communicated to the petitioner the grounds on which the order of detention had been made against him. This communication was made in compliance with the provisions of Section 4 of the Act. As the arguments on behalf of the petitioner have mainly centred round these grounds, I Shall quote them in full:
(2.) RECENTLY , he organised a suicide squad known as the Muslim Janbaa Volunteer Anjuman Gunchae Islam which is a secret body ready to indulge in lawlessness and sabotage of Industrial plants at the appointed time to the detriment of the Government of Indian Union. Being an organiser of this militant group Siddiqua Ali is expeeted to play a prominent part in executing these subversive plans.
(3.) GOVERNMENT have received information from reliable euro that Siddique Ali holds regular meetings at a Mosque at Sakchi where funds are collected for assisting Hyderabad which Government is known to have carried out war -like preparation directed against the Government of India. Even regarding the Kashmir operations, Siddique Ali held secret prayer meetings in the mosque in which prayers were offered for the victory of the raiders against whom, Siddique Ali knows, the troops of the Indian Union are engaged. Khasta Khan, an ex -employee of the Tinplate Company is reported to have joined the Bazakars at Hyderabad under his instructions, and Government have received dependable information, the source of which cannot be disclosed, that Siddique Ali has been receiving Muslims from outside the Indian Union making selections and sending the selected persons to join the Bazakars in Hyderabad. There is strong suspicion that he has a hand in allowing secret smuggling of chemical and explosives from the Company's stock. One indication of his unlawful activities was disclosed on 9tb August 1948 when from his house was received as many as 183 round of .112 bore ammunition in excess of what was permitted by his license.