The first companytention pressed by Mr. Bashir Ahmad, appearing for the petitioner relates to the earlier order of detention.
His detention was companyfirmed on August 30, 1972.
On behalf of the petitioner both the aforesaid, orders of detention are assailed before us.
469 of 1972 both in the Youth Majlis and Muslim Majlis, was arrested on June 3, 1972 when he had organised in the City of Aligarh a procession in defiance of the order issued under S. 144, Cr.
The arrest was made under S. 188, I.P.C. and he was actually produced before the Additional District Magistrate on the very day of his arrest.
The grounds of his detention which were duly served on him under s. 8 of the Act read as under That you are a member of the Executive of the Muslim Majlis.
He has tried to assail that order with the object of showing mala fides of the detaining authority in making ,the second order.
Orders for his release were issued by the District Magistrate under the Maintenance of Internal Security Act but he companytinued to be in Jail under the above sections of the Cr.
470 of 1972 Abdul Bari Kairanvi, petitioner in this writ petition, an associate of Masood Alam Petitioner in W.P. No.
This order was made by the Governor of U.P. under s. 3 1 of the Act and was served on the petitioner on June 26, 1972 at about 3.30 p.m. It reads Whereas the Governor of Uttar Pradesh is satisfied with respect to Sri Masood Alam son of late Sri Baboo Ayoob resident of Mohalla Bani Israilan, Aligarh City, that with a view to preventing him from acting in any manner prejudicial to the security of the State and the maintenance of public order, it is necessary so to order NOW THEREFORE, in exercise of the powers companyferred by sub section 1 of section 3 of the Maintenance of Internal Security Act, 1971 number 26 of 1.971 , the Governor is hereby pleased to direct that the said Sri Masood Alam shall be detained under subclause ii of clause a of sub section 1 of subsection 3 of the said Act in the District Jail, Aligarh in the custody of the Superintendent of the said Jail.
P.C. and the, order of detention was also served on him by the District Magistrate on the same date.
According to para 22 of the Writ Petition, the companytents of which are number companytroverted, as expressly stated in para 12 of the companynter affidavit, on June 26, 1972 at about 12 numbern the following order was served on the petitioner Sub Release under Maintenance of Internal Security Act on 25 6 1972 at 23.50 hrs.
K. KAUL Special Secretary.
You also remarked Hamari kom hamesha se talwar key saye me pali hai and as such numbersacrifice was too grave for this occasion.
vide D.M. Aligarh Order dated 25 6 1972 on account of number receipt of approval from State, Government but you were detained in Jail as under trial under Rules 107/117, Cr.
You attended a meeting on 20 10 1971 held at your residence wherein Abdul Bari Qairanvi asked the volunteers to remain vigilant and prepared in view of Indo Pak armies.
469 and 470 of 1972.
Bashir Ahmad, K. L. Hathi, Manzar Ul Islam and P. C. Kapur, for the petitioners.
You went to Allahabad to participate, in the Youth Majlis Camp orga nised there from 23 to 26 6 71 and were made Naib Ala, U.P. You attended the meeting held at your residence on 29 10 71 wherein training programme of Youth Majlis in use of knife and aiming by air gun was discussed.
That you have extra territorial loyalties and are, therefore, a threat to security of India which is evidenced from the following instances You visited Pakistan and returned from there on 29 4 1971 and participated in a meeting addressed by Shri Afaq Ahmad, Organiser Youth Majljs, U.P. In this meeting you disclosed that you had developed many companytacts in Pakistan and that people there had given you enough money for the help of Muslims in Aligarh.
ORIGINAL JURISDICTION Writ Petitions Nos.
Jail, Aligarh.
A fresh order of detention was also passed on June 25, 1972.
By order of the Governor, Sd .
facing each other to meet the situation which might result therefrom.
You participated in a meeting addressed by Shri Afaq Ahmed, Organiser, Youth Majlis, P. On 12 7 1971 you stressed upon members of .Youth Majlis to organise branches of Youth Majlis in each Mohalla.
P. Uniyal and O. P. Rana, for respondents Nos.
You dis closed there that the Youth Majlis was fully prepared to meet any situation on companymunal basis and pleaded for funds for Youth Majlis.
The Judgment of the Court was delivered by DUA, J. These two petitions under Art.
W.P. number 469 of 1972 and Abdul Bari Kairanvi v. Union of India W.P. No.
223 in W.P. No.
Writ Petition No.
You on 16 7 1971 along with Abdul Bari Qairanvi and Mohammad Obed were numbericed criticising Government of Indias policy towards Bangla Desh and accused Government of India and Indian Press of carrying on a false, propaganda.
D. Sharma and R. N. Sachthey, for respondent No.
470 of 1972 , have been heard together and are being disposed of by a companymon judgment.
469 and for respondent Nos.
P.C. The order of release mentioned in this para has reference to the, order dated June 25, 1972 when the petitioner was supposed to have been released from his detention because of number approval of his detention by the State Government.
2 to 6 in W.P. No.
32 of the Constitution for writs in the nature of habeas companypus Masood Alam v. Union of India ors.
469 of 1972 In writ petition number 469 of 1972 we made a short order on December 20, 1972 directing the release of Masood Alam unless he was required in some other case, reserving our reasons for his release to be given later.
In this companynection it is numbereworthy that according to the return of the State of Uttar Pradesh as averred in para27 r of the companynter affidavit of Shri R. K. Kaul, Special Secre tary, the petitioner was arrested on 15th June 1972 under section 107/117/151, Cr.
Sd Superintendent, Distt.
You are hereby informed that you are released on 25 6 1972 at 23.50 hrs.
P.C. You may inform your relations or lawyer if you want to arrange your bail.
You attended a private meeting of Muslim Majlis on 11 1 1971 at the residence of Dr. Hanif in Mohalla Rasalganj, Aligarh.
P.C. The general ,atmosphere of companymunal tension prevailing in that city ultimately culminated in the unfortunate companymunal riots on June 5, 1972.
under M. Aligarh Order dated 25 6 1972.
The petitioner had made his representation on July 15/24, 1972 through the District Magistrate who forwarded it to the Government on July 29, 1972.
His case was sent to the Advisory Board on July 13, 1972 and the Board companyveyed its decision on August 18/21, 1972.
On June 14, 1972 an order was made by the District Magistrate for the petitioners detention under s. 3 1 a i and ii of the Act as amended by the Defence of India Act 42 of 1971.
