Judgment

B. K. MUKHERJEA, J. : This is a petition under Article 32 of the Constitution praying for the issue of a writ, in the nature of habeas corpus , directing the release of the petitioner Shibban Lal Saksena, who is said to the unlawfully detained in the District Jail at Gorakhpur.

2. The petitioner was arrested on the 5th of January 1953 under an order, signed by the District Magistrate of Gorakhpur, and the order expressly directed the detention of the petitioner in the custody of the Superintendent, District jail, Gorakhpur, under sub-clauses (ii) and (iii) of cl. (a) of Section 3 (1) of the Preventive Detention Act, 1950, as amended by later Acts. On the 7th of January following, the grounds of detention were communicated to the detenu in accordance with the provision of Section 7 of the Preventive Detention Act and the grounds, it appears, were of a two-fold character, falling respectively under the two categories contemplated by sub-clause (ii) and sub-clause (iii) of Section 3(1) (a) of the Act.

In the first paragraph of the communication it is stated that the detenu in course of speeches delivered at Ghugli on certain dates exhorted and enjoined upon the cane-gowers of t