H. J. KANIA, M. PATANJALI SASTRI, N. CHANDRASHEKAR AIYAR, S. R. DASS, S. MURTAZA FAZAL ALI, B. K. MUKHERJEE
Tarapada De – Appellant
Versus
State Of W. B. – Respondent
Judgment
Kania, C.J.I. - This is an appeal under Art. 132, Const. Ind, from the judgment of the .H, C. at Calcutta, which rejected the habeas corpus petns. of the applts. The detention orders under the Preventive Detention Act, 1950, in all cases were served on the applts, on 26-2-1950 & the grounds for the detention were served on 14-3-1950. By way of specimen we quote one of them : "You are being detained in pursuance of a detention order made under sub-cl. (ii) of cl. (a) of sub-s. (1) of S. 3, Preventive Detention Act 1950 (Act IV [4] of 1950), on the following grounds." (1) That you have been assisting the operations of the Communist Party of India, which along with its volunteer organisations has been declared unlawful by Govt. under S.16, Indian Criminal Law Amendment Act (Act XIV [14] of 1908), and which has for its object commission of, rioting with deadly weapons, robbery, dacoity, arson & murder & possession & use of arms & ammunitions & explosives & thus acting in a manner prejudicial to the maintenance of public order & that it is necessary to prevent you from acting in such manner. (2) That as a member of the C. P. I. on its Kishan front, you have fomented trouble amo
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