WASUDEO ANANT SOHONI Vs. EMPEROR

JUDGEMENT

(1.) This is an application under Section 491, Criminal P. C, by one Wasudeo Anant Sohoni (referred to hereafter as the petitioner) on behalf of his brother Shridhar who Was detained originally by the District Magistrate, Akola, by an order dated 2 February, 1948 and who is now detained under Section 2 (1) (a), C, P. and Berar Public Safety Act 1947, under the orders of the Provincial Govern, ment passed on 2 March, 1948. The applicant Wasudeo filed a supplementary application on 10 March 1948 and the Crown has filed a return against both applications and has produced the original order of detention passed by the Provincial Government. The applications as well as the return are supported by affidavits, that of the Provincial Government being sworn by the Chief Secretary, The detention is challenged on various grounds. Before dealing with the grounds we set out below certain facts which are admitted on both sides.

(2.) Mr. Sohoni is an advocate of long stand, ing. He passed the M, A., LL.B, examinations of the Allahabad University and joined the Bar in 1918. Throughout the period before his detention he was not concerned in any subversive activities nor associated with any acts of violence. He was, however, the Provincial Organiser of the Rashtriya Swayamsewak Sangh (shortly known as the E. S. S.). He was arrested on 2 February, 1948 at his residence at Akola under the orders of the District Magistrate, Akola. On the 3rd, that is to say, the next day he was handed a statement containing the grounds of his detention and particulars thereof which read as follows: That by virtue of your position as Provincial Organiser of the B. S. S. Berar a body capable of violence against leaders of other political organisations you are likely to act in a manner prejudicial to the public safety and tranquillity.

(3.) Later the period of his detention was extended because of a fresh order of detention served on him on 2 March, 1948 by which the Provincial Government ordered his detention for a further period of six months. Once again the grounds of his detention and the particulars thereof were furnished to him under Section 6 of the Act and this time they read as follows: Grounds of detention and particulars. (1) That you are the Provincial Organiser of the Bashtriya Swayam Sewak Sangh, an organisation capable of violence against the leaders of other political organisations and which has been declared an unlawful association under Section 16, Criminal Law Amendment Act, 1908, and (2) That in view of your antecedents and on the information in the possession of the Provincial Government you are likely to act in a manner prejudicial to the public safety, order and tranquillity.