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1953 Supreme(SC) 82

B.JAGANNATHA DAS, B.K.MUKHERJEE, M.C.MAHAJAN
Sodhi Shamsher Singh, Detenus – Appellant
Versus
State Of Pepsu – Respondent


Advocates:
G.H.RAJADHYAKSHA, G.N.Joshi, H.J.Umrigar, M.C.SETALVAD, RATNAPAKHI ANANT GOVIND

Judgment

B. K. MUKHERJEA, J.: These three applications under Art. 32 of the Constitution, praying for writs of Habeas Corpus on behalf of three detenus, to wit, Sukhdev Singh, Jagjit Singh and Hardayal Singh, were presented to this court by one Sodhi Shamsher Singh on 9-9-1953. After preliminary hearing, rules were granted on these petitions by our learned brother Ghulam Hasan J. sitting as Vacation Judge, and the rules have now come up for final hearing.

2. It appears that all these three detenus were arrested on 1-9-1953 under order of the Chief Secretary to the PEPSU Government issued in the name of the President of India, under S. 3(1), Preventive Detention Act, 1950 and after arrest they were taken to the Central Jail. Patiala where they are lodged since then. On the 5th of September following, the detenus were supplied with the grounds of detention and it is on the basis of these grounds that the legality of the detention has been challenged before us.

3. The grounds state, in substance, that the detenu Sukhdev Singh, who had been previously a Sessions Judge of Patiala and was subsequently removed from the service, published under the pseudonym of Lal Chand Sharma, a pamphlet









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