Judgment

BHAGWATI, J.:- The petitioner, who is an advocate practising in the courts in Dhanbad in the State of Bihar, has filed the present petition challenging the validity of an order of detention dated 18th March, 1974 made by the District Magistrate, Dhanbad under Section 3 of the Maintenance of Internal Security Act, 1971. The case of the petitioner is that he is a prominent public figure in that District of Dhanbad and he has been Pramukh of Baliapur Anchal since the last about ten years and Vice-Chairman of Zila Parishad, Dhanbad since about four years. He has been associated with numerous social educational and political institutions in the District of Dhanbad and he is engaged in diverse activities calculated to bring about social and economic uplift of down-trodden people of Dhanbad District. The 16th Annual Convention of Bihar Rajya Panchayat Parishad was scheduled to be held at Gosaidih in Dhanbad District on 16th March, 1974 and the petitioner was the Chairman of the Reception Committee. The ruling party was very much concerned about the growing popularity of the petitioner with the backward classes, and therefore, with a view to undermining his position, the ruling party chose this particular time when the 16th Annual Convention of the Bihar Panchayat Parishad was shortly due to be held and got a false case instituted against the petitioner at P.S. Tundi. The petitioner was arrested at Dhanbad on 16th March, 1974 and after being produced before the sub-Divisional Magistrate, he was taken to Bhagalpur Central Jail from Dhanbad. On March 11, 1974 the petitioner made an application to the Sub-Divisional Magistrate for being released on bail but no immediate order was passed on that application and the petitioner was, therefore, constrained to move the Sessions Judge for bail on 14th March, 1974. The Sessions Judge granted bail to the petitioner and on the bonds being verified and accepted by the Sub-Divisional Magistrate, an order dated 18th March, 1974 was passed for release of the petitioner. On the same day, that is 18th March, 1974, the district Magistrate, Dhanbad passed an order detaining the petitioner under Section 3 of the Act on the ground that it was necessary to do so with a view to preventing the petitioner from acting in any manner prejudicial to the maintenance of public order. The order of detention was in Hindi, which is the official language of the State of Bihar but there was also an English version of the order of detention. There was no material difference between the Hindi and English versions of the order of detention. Pursuant to the order of detention, the petitioner was arrested on 21 st March, 1974 as soon as he was released on bail in compliance with the order of release passed by the Sub-Divisional Magistrate and at the time of his arrest the Hindi as well as English versions of the order of detention were served on him together with the grounds of detention which were also in Hindi and English version. The Hindi version, as translated in English, set out the following grounds of detention:

"1. He has been propagating communal hatred between Adibasis and outsiders (Biharis) and between Adibasis and non-Adibasis of quite some time. he has been instigating the Adibasis to take up arms laws in their own hands in serveal speeches and otherwise. As a result of these instigation and incitements, public order has been disturbed several times at several places. It would not be possible to give details of such instances, but as illustration, a few of them are given below:

2. On 25-2-1973, at Katra Ceramic Factory Tiatnar P. S. Katras, District Dhanbad, he instigated the employees of the said ceramic factory to remove the outsiders (Biharis) by force from the employment of the factory and in consequence of the said abetment. 200 persons, armed with deadly weapons like lathi, grasa etc, took out a procession and attacked the shop of one Ram Kripal Dubey and assaulted him and his father by means of lat