LAWS(RAJ)-1954-12-4

SHERIA Vs. STATE

Decided On December 06, 1954
SHERIA Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THESE are two applications by Sheria and Kaluram for a Writ of Habeas corpus under Article 226 of the Constitution of India. The petitioners are in central jail, Jodhpur in pursuance of the order of the District Magistrate. Nagaur, under sub-sec. (2) of sec. 3 of the Preventive Detention Act (No. IV) of 1950. We propose to dispose of these applications by one order as they raise common grounds and can be disposed of on one short ground only.

(2.) THE main grounds on which the peti-tioners have attacked the order of the District Magistrate, Nagaur are first, that they were not furnished with a copy of the order of the detention nor was it shown to them; secondly, that the grounds on which the detention was ordered were vague and indefinite with the result that the petitioners were prevented from making an effective representation to the authorities concerned against the detention; and lastly, that they had asked for an opportunity of being personally heard by the Advisory Board but that the latter did not afford them any such opportunity and rejected their representations and therefore their detention was illegal.