Judgment

ALAGIRISWAMI, J.:- This is an appeal against the judgment of the High Court of Punjab & Haryana dismissing the appellant s petition under Article 226 of the Constitution of India read with Section 49l Cr. P. C for the issue of a writ in the nature of habeas corpus or any other appropriate writ, order or direction for his production before the court and to be set at liberty. The appellant is a British citizen, employed in the Accounts Branch. Head Post Office. Birmingham and General Secretary of the United Kingdom Akali Dal. He came to India on 6-11-1972 to attend the Bhog ceremony of Sant Fateh Singh who died on 30th October, 1972. He was arrested on 16-11-1972 in pursuance of an order for his detention under the provisions of sub-section (2) of Section 3 read with Section 3 (1) (a) (i) & (ii) of the Maintenance of Internal Security Act, 1971. This order was approved by the State Government on 27-11-1972. The Advisory Board s report in respect of the detention was made on 4-1 -1973 and the State Government confirmed the order of detention on 16-1-1973 The grounds of detention were as follows:

"(a) That you on 11-11-72 held secret meeting in Gurdwara Rani Bazar Sharifpura, Amritsar at 7.00p. m................In the meeting you told them that the Sikhs could not get justice at the hands of Hindus in India. Therefore, it was necessary to secure Home Land for Sikhs by resorting to the use of force as the Bania Government at the Centre could not accept the demand of Sikh Home Land by persuasion or other peaceful means. You further assured them that there was no paucity of funds with U. K. Akali Dal and sufficient amount could be made available which could be spent in the achievement of Home Land on the lines suggested above. You also informed them that your organisation (U. K. Akali Dal) had made Rs. 50,000/- available in India for use for the achievement of the Home Land. You further told them that you could also be receiving sufficient money from your organisation in U. K in the near future. You further exhorted them to organise the movement in a systematic manner, raising volunteers and setting offices at suitable places in Punjab. You further directed them to collect arms, explosives etc. for use for the achievement of the object at the proper time. You further instigated them to create hatred amongst Hindus and Sikhs and cause communal disturbances in Punjab. You also advised them to enlist large number of paid workers who could work as "suicide squads" at the proper time and till then their services could be used in doing propaganda in the villages for creating favourable atmosphere amongst the Sikh masses in support of the creation of Sikh Home Land.

"(b) That you on 12-11-1973 again addressed a secret meeting in Gurdwara Rani Bazar. Sharifpura, Amritsar at 8.00 p.m............. In this meeting you instigated them that the Sikh community could not survive in India in the present Hindu Raj. Therefore, the Sikhs must secure separate Home Land by force so that they could live with honour and dignity. You further added that Sikhs could only prosper if separate Home Land for Sikhs is achieved. You further instigated them that they would have to make all sorts of efforts including use of arms and indulgence in violence in order to achieve the Home Land. You further exhorted them to enlist the services of young elements in the Sikhs who would work wholeheartedly for the achievement of the Home Land and were prepared to make big sacrifices. You further informed them that your organisation (U. K. Akali Dal) would be prepared to provide them with any amount they would be requiring for organising the movement and for purchasing the arms etc. You further suggested that they should create cells in the Sikh Units of Armed Forces of India and police for enlisting their sympathy and support which would be of great help for the creation of the Home Land. You also instigated them to create hatred amongst the Hindus and Sikhs in order to