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1951 Supreme(SC) 6

M. PATANJALI SASTRI, H. J. KANIA, S. R. DASS, S. MURTAZA FAZAL ALI, B. K. MUKHERJEE, N. CHANDRASHEKAR AIYAR
State Of Bombay – Appellant
Versus
Atama Ram Shridhar Vaidya – Respondent


Advocates:
A.S.R.CHARI, BAVA SHIV CHARAN SINGH, G.N.Joshi, M.C.SETALVAD, P.A.Mehta, V.P.K.NAMBIAR

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













































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