AHMAD ALI Vs. STATE

JUDGEMENT

(1.) This is an application for issue of a writ of habeas corpus under Article 226 of the Constitution of India; and also under Section 491 of the Code of Criminal Procedure by one Ahmad AH, who is under detention in consequence of an order of the District Magistrate of Ranchi dated the 8th June, 1968, under Sections 3(2) and 4 of the Preventive Detention Act, 1950 (Act IV of 1950), hereinafter referred to as 'the Act'. The order is Annexure 2 to the petition

(2.) The petitioner was served with the grounds of detention dated the 8th June, 1968, on the 10th June, 1968, while he was in Central Jail at Ranchi, which is Annexure 4 to the petition. He was at the time of the petition lodged in the Central Jail, Bankipore at Patna. On the 19th June, 1968, the Governor passed an order confirming the detention of the petitioner made on the 8th June, 1968. The Advisory Board rejected the petition of the petitioner on the 12th August, 1968. On the 6th September, 1968, the Governor confirmed the detention order and directed continuance of the detention till the 7th September, 1969. The grounds served on the petitioner in justification of the order for his detention -Vide Annexure A -4, are as follows:

(3.) The petitioner's case is that he is a resident of village Sons within the jurisdiction of P.S. Mandar, in the district of Ranchi, where he has some kasht land and a kirana shop at Ranchi. He is an Alim from Deoband in Uttar Pradesh, which is a well known religious institution and had taken part in national struggle. Further the petitioner is a Fazil from Punjab University and that he has been taking part in various organisations, particularly in the district of Ranchi, for imparting religious education. He has alleged that during the communal disturbances at Ranchi in the month of August, 1967, he had devoted himself to the relief of the sufferers and taken part, in various organisations, particularly one named as Markaji Muslim Relief Committee and the Central Relief Committee. He was the Secretary of the forme; Committee and had worked with various people, as is apparent from Annexure 1 to the petition. He has alleged in the petition that his detention is mala fide and wholly unjustified.