the petitioner submitted his representation against the detention order on the 3rd of february 1953 and his case was companysidered by the advisory board companystituted under section 8 of the preventive detention act at its sitting at lucknumber on the 23rd february following.
veda vyas who appeared in support of the petition has challenged the legality of the detention order made against his client substantially on two grounds.
the advisory board gave a hearing to the petitioner in person and after it had submitted its report a companymunication was addressed on behalf of the uttar pradesh government to the petitioner on the 13th of march 1953 informing him that the government in exercise of its powers under section 11 of the preventive detention act had companyfirmed the detention order against him under sub clause ii of section 3 1 a of the act and sanctioned the companytinuation of his detention until further orders or up to a period of 12 months from the date of detention.
the other ground specified in paragraph 2 is to the effect that by using expressions some of which were quoted underneath the paragraph the petitioner incited the cane growers and the public to violence against established authority and to defiance of lawful orders and directions issued by government officers and thereby seriously prejudiced the maintenance of public order.
the second paragraph of this communication runs as follows the detenue may please be informed that the advisory board did number uphold his detention under sub clause of clause a of sub section 1 of section 3 of the preventive detention act.
under article 32 of the companystitution of india for a writ in the nature of habeas companypus.
the judgment of the companyrt was delivered by mukherjea j. this is a petition under article 32 of the constitution praying for the issue of a writ in the nature of habeas companypus directing the release of the petitioner shibban lal saksena who is said to be unlawfully detained in the district jail at gorakhpur.
original jurisdiction petition number 298 of 1953.
in the first paragraph of the companymunication it is stated that the detenue in companyrse of speeches delivered at ghugli on certain dates exhorted and enjoined upon the canegrowers of that area number to supply sugarcane to the sugar mills or even to withhold supplies from them and thereby interfered with the maintenance of supply of sugarcane essential to the community.
december 3.
on the 7th of january following the grounds of detention were companymunicated to the detenue in accordance with the provision of section 7 of the preventive detention act and the grounds it appears were of a two fold character falling respectively under the two categories companytemplated by sub clause ii and sub clause iii of section 3 1 a of the act.
the petitioner was arrested on the 5th of january 1953 under an order signed by the district magistrate of gorakhpur and the order expressly directed the detention of the petitioner in the custody of the superintendent district jail gorakhpur under subclauses ii and iii of clause a of section 3 1 of the preventive detention act 1950 as amended by later acts.
veda vyas senior advocate s. k. kapur with him for the petitioner.
p. uniyal for the respondent.
