HAR PRASAD SINGH Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) This is an application under Section 491, Criminal P.C., by one Har Prasad Singh of Ghazipur. By the order, dated 13 August 1948, the District Magistrate in exercise of the powers delegated to him under Section 11, U.P. Maintenance of Public Order (Temporary) Act, 1947, directed the detention of the applicant for a period of six months. He purported to act under Clause (a) of Sub-section (1) of Section 3 of the Act. The grounds communicated to him under Section 5 of the Act wore as follows: You along with several others have been preaching class hatred and inciting the kisans, mazdoors and others against zamindars, capitalists, police, patwaris and further that you have been carrying on false propaganda against the present Government by telling people that the Government is in the hands of the zamindars and capitalists and that the present scarcity of food, clothings and other articles is due to the policy followed by the present Government. You also told the poor classes that there was no hope for them from the present Government and that they should be ready for revolution. Lastly you have been inciting the kisans to take the law into their own hands and use violence and that in furtherance of this unlawful object you delivered speeches on the following dates and place. As a result of these regular preachings of hatred and violence against certain classes of the Indian Union and against the Government established by law, actual violence in certain police circles of the district has been noticeable and it is certain that if you had not been detained under Section 3 (1) (a), U.P. Maintenance of Public Order Act, there was bound to be a general disorder and violence and so, in the interest of the public safety and maintenance of public order, it was found necessary to detain you for a period of six months. The dates and the particulars of the activities were at the foot of the above grounds.

(2.) In the affidavit filed by the applicant he states that he is a member of the communist party of India and works amongst the peasants and agricultural labourers of the district of, Ghazipur. He adds that the present policy and measures of the Congress Government tend to benefit the landlords and capitalists and are responsible for the prevailing scarcity in food, clothing and shelter. For these reasons he has been criticising the Government, but in good faith. He challenges the order of detention, firstly on the basis that the grounds of detention communicated to him are vague indefinite and false and have been invented mala fide by the District Magistrate for the purpose of pleasing the Congress Members of the Provincial Legislative Assembly. He denies having made speeches and having incited the kisans to take law into their own hands and to use violence. Secondly he contends that the detention is illegal since the power to detain under Section 3 (1) (a), U.P. Maintenance of Public Order Act, was not validly delegated to the District Magistrate by to Governor.

(3.) So far as the plea of vagueness and indefiniteness is concerned there is absolutely no force in it. The full particulars have been given in the grounds. The date and all necessary particulars to enable the detenu to make an effective representation are there. If the order was legal, we cannot go into the question of fact on the basis of which the order was passed. We are not sitting in appeal against the order. We have to examine only its legality. Nor is there any force in the plea of mala fide. The applicant admits preaching against the policy of the Government. He only denies having incited the kisans to take law in their own hands and to use violence. Reading the grounds under Section 5 with the order under Section 3, it would appear that the District Magistrate was satisfied that the applicant was so inciting. We cannot question his satisfaction. The only point which requires consideration is whether or not the delegation has been validly made under Section 11 of the above Act. Section 11 provides: The Provincial Government may, by order, direct that any power or duty, which is conferred or imposed on the Provincial Government under this Act shall in such circumstances and under such conditions, if any, as may be specified in the order, be exercised or discharged by any officer or authority, not being an officer or authority subordinate to the Central Government. In pursuance of this provision Notification No. A-3797-xxv/c.x. dated 1 August, 1947 was issued by the Provincial Government in the following terms: In exercise of the powers conferred by Section 11, U.P. Maintenance of Public Order (Temporary) Act, 1947 (IV