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M. PATANJALI SASTRI, S. MURTAZA FAZAL ALI, M. C. MAHAJAN, H. J. KANIA, B. K. MUKHERJEE, S. R. DASS
Ashutosh Lahiry – Appellant
Versus
State Of Delhi – Respondent
Judgment
DAS J.: This application under Art. 32 of the Constitution of India for a writ of habeas corpus made by Ashutosh Lahiry at present detained in District Jail, Delhi, under an order of detention passed on the lst. April 1950 by the District Magistrate of Delhi under the Preventive Detention Act, 1950 raises two questions, namely; (1) that the Preventive Detention Act, 1950 takes away or abridges the fundamental rights of the Indian citizens conferred by Part III of the Constitution and is accordingly void under Article 13(2) of the Constitution; and (2) that the Order of detention has been made mala fide and is an abuse of power and as such void, illegal and inoperative.
The first question mentioned above is now concluded by the decision of this Court which, by a majority upheld the validity of the impugned Act except as to certain provisions which were held to be severable. The provisions which were held to be bad have no bear- ing on the present case.
2. In order to determine the second question it will be necessary to state a few facts. The petitioner is a member of the Hindu Mahasabha. He is a representative of the Bengal Hindu Mahasabha on the Working Committee as well
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