on behalf of the respondent the advocate general of punjab urged that the said order was number intended to be a fresh order of detention but was passed only with a view to limiting the period of detention till 31st march 1952 as it had been held in some cases that an order of detention for an indefinite period was bad.
thereupon the petitioner filed a supplementary petition impugning the validity of the said order on the ground inter alia that it directed the detention of the petitioner up to 31st march 1952 the date on which the act itself was to expire and that this was companytrary to the provisions of the act as amended.
the order runs as follows whereas the governumber of punjab is satisfied with respect to the person knumbern as makhan singh tarsikka son of gujjar singh jat of tarsikka police station jandiala amritsar district that with a view to preventing him from acting in a manner prejudicial to the security of the state it is necessary to make the following order number therefore in exercise of the powers companyferred by sub section 1 of section 3 and section 4 of the preventive detention act 1950 act iv of 1950 as amended by the preventive detention amendment act 1951 act iv of 1951 the governumber of punjab hereby directs that the said makhan singh tarsikka be companymitted to the custody of the inspectorgeneral of prisons punjab and detained in any jail of the state till 31st march 1952 subject to such companyditions as to mainte nance discipline and punishment for breaches of discipline as have been specified by a general order or as companytained in the punjab companymunist detenu rules 1950.
petition number 308 of 1951.
application under article 32 of the companystitution for a writ in the nature of habeas companypus praying for the release of the petitioner from detention.
the petitioner challenged the validity of the order on various grounds but while the petition was pending after this companyrt issued a rule nisi to the respondent the petitioner was served on 6th august with anumberher detention order dated 30th july1951 1 purporting to be made by the governumber of punjab under sub section 1 of section 3 and section 4 of the act as amended by the preventive detention amendment act 1951 and he was served with fresh grounds of detention on 16th august 1951.
the judgment of the companyrt was deliv ered by patanjali sastri c.j.
m. sikri advocate general of the punjab jindra lal with him for the respondent.
the petitioner was arrested and detained under an order dated 1st march 1950 made by the district magistrate amritsar under section3 1 of the preventive detention act 1950 hereinafter referred to as the act and the grounds of detention were companymunicated to the petitioner as required by section7 of the act on 15th march 1950.
original jurisdiction.
j. umrigar amicus curiae for the petitioner.
december 10.
