SHEO NARAIN JAFA Vs. REX

JUDGEMENT

(1.) This is an application by Shiva Narain Jafa under Section 491, Criminal P.C. It is alleged by the applicant that he is being wrongfully detained in the District Jail, Gonda, under an order of detention, passed by the District Magistrate of Budaun, dated 5 February 1948. This application was received by this Court by post. It is supported by an affidavit. It purports to have been verified by the Superintendent, District Jail, Gonda. The applicant prayed that he might be allowed to argue the application personally as he is a lawyer of 33 years standing is date was fixed and notice of the date of hearing was given to the Government Advocate. A counter affidavit was filed by the learned Government Advocate. It is sworn to by Harbans Singh, head constable P.S. Sarai Nau, Budaun. In it inter alia it is asserted that paragraph 2 of the affidavit filed by the applicant is a lie. In paragraph 2 of the counter affidavit it is asserted that the applicant's communal activities disturbing the peace of Budaun are notorious. He has been inciting the Hindus to loot the Musalmans and kill them and in consequence some murders have occurred. In paragraph 3 it is further alleged that the applicant has founded a militant institution for conversion of all castes to Sikhism and has been inciting the converted (persons) to commit open violence on a section of people disturbing the peaceful conditions, disrupting the communal harmony and ultimately ending in murders.

(2.) At the date of hearing of this application Shiva Narain Jafa appeared in person and he was also represented by Mr. Prem Mohan Lal Verma, Advocate of this Court. The Government Advocate appeared for the Crown and he produced the original order of detention detaining the applicant for a period of six months passed on 5 February 1948, by the District Magistrate under Section 3(1)(a), U.P. Maintenance of Public Order (Temporary) Act, 1947. He has also filed the original order under Section 5 of the Act whereby the grounds and other particulars on which the order of detention is based were served upon the applicant on 6 February 1948.

(3.) Mr. Prem Mohan Lal for the applicant has raised various contentions challenging the validity of the order of detention. Shiva Narain Jafa, who is an advocate of a very long standing at the Bar, has also addressed me with a view to supplementing the arguments of his learned counsel. I have also heard the learned Government Advocate for the Crown.