Judgment

Kania, C.J.I. (On behalf of himself and Fazl Ali J., Mukherjea, J. and Chandrasekhara Aiyar J.)-This is an appeal from a judgment of the High Court at Bombay, ordering the release of the respt. who was detained in custody under a detention order made under the Preventive Detention Act (IV [4] of 1950). The respondent was first arrested on 18-12-1948 under the Bombay Public Security Measures Act, 1947 (VI [6] of 1947), but was released on 11-11-1949. He was arrested again on 21-4-1950 under the Preventive Detention Act, 1950, and on 29-4-1950 grounds for his detention were supplied to him. They were in the following terms : "That you are engaged and are likely to be engaged in promoting acts of sabotage on railway and railway property in Greater Bombay." The respondent filed a habeas corpus petition on 31-7-1950 in which, after reciting his previous arrest and release, in paras. 6 and 7 he mentioned as follows : "(6) On his release the applicant left Bombay and stayed out of Bombay, that is, in Ratlam and in Delhi. (7) On 20-4-1950, he returned to Bombay and was immediately arrested as stated above." He contended that the sole aim of the Govt. in ordering his detention was not the preservation of public order or the security of the State, but the locking up of active trade unionists who belonged to the All India Trade Union Congress. He contended that the ground is "delightfully vague and does not mention when, where, or what kind of sabotage or how the applicant promoted it. He further urged that the ground gave no particulars and, therefore, was not a ground as required to be furnished under the Preventive Detention Act, 1950. He stated that the present appellant acted mala fide, for a collateral purpose, outside the scope of the Act, and that the applicant s detention in any event was illegal and mala fide. When this petition was presented to the Court on 9-8-1950 it directed the issue of a notice to the Commissioner of Police. Pending the disposal of the Rule, on 26-8-1950 the Commissioner of Police sent a communication to the respondent as follows : "In pursuance of S. 7, Preventive Detention Act, 1950 (IV [4] of 1950), and in continuation of my communication No. 227 dated 29-4-1950 the following further particulars are hereby communicated to you in connection with the grounds on which a detention order has been made against you under S. 3 (1) of the said Act : That the activities mentioned in the grounds furnished to you were being carried on by you in Greater Bombay between January 1950 and the date of your detention ; and In all probability you will continue to do so.

2. If, in view of the particulars now supplied, you wish to make a further representation on / against the order under which you are detained, you should address it to the Government of Bombay and forward it through the Superintendent of Arthur Road Prison, Bombay." 2. On 30-8- 1950 the Commissioner of Police filed an affidavit against the petition of the respondent in which it was stated that the objectionable activities were carried on by the applicant between the months of January 1950 and the date of detention. It further stated that in or about the month of January law there was a move for a total strike on the railways in India in the month of March 1950 and the applicant was taking prominent part to see that the strike was brought about and was successful. As a means to make the strike successful and bring about total cessation of work on all railways, the applicant and his associates were advocating sabotage on railways and railway property in Greater Bombay. He further stated that reliable materials were put before him of the respondent being engaged in such activities by experienced police officers. He added that although the railways strike in the month of March did not materialise, the idea of bringing about such strike as soon as convenient continued to be entertained and the present respondent was actively engaged in bringing about