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1953 Supreme(SC) 48

S. R. DASS, B. K. MUKHERJEE, GHULAM HASAN, M. PATANJALI SASTRI, N. H. BHAGWATI
Ram Krishan Bhardwaj – Appellant
Versus
State Of Delhi – Respondent


Advocates:
G.H.RAJADHYAKSHA, G.N.Joshi, GANPAT RAI, M.C.SETALVAD, S.K.KAPOOR, V.N.Sethi, Veda Vyasa

Judgment

Patanjali Sastri, C.J.I. -

This is a petition under Art. 31 of the Constitution for the issue of a writ in the nature of habeas corpus directing the release of the petitioner Dr. Ram Krishan Bhardwaj who is a medical practitioner in Delhi and is now said to be under unlawful detention.

2. The petitioner was arrested on 10-3-1953 under an order of the District Magistrate of Delhi made under S. 3, Preventive Detention Act as amended. The grounds of detention were communicated to the petitioner on 15-3-1953. Paragraph 1 of that communication states that "the Jan Sangh, the Hindu Mahasabha and the Ram Rajya Parishad have started an unlawful campaign in sympathy with the Praja Parishad movement of Kashmir for defiance of the law, involving violence and threat to the maintenance of public order as evidenced by the sub-paragraphs which follow. The incidents referred to in sub paras (a) to (1) are said to have ranged from 4 to 10-3-1953, the date on which the petitioner was arrested, but they do not directly implicate the petitioner. They merely give particulars of the alleged unlawful activities of the three political organizations referred to above. Sub-paragraph (m) is importan











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