P. D. Desai, C.J.:- The petitioner is and has always been residing in the area which initially formed part of the Princely State of Mandi. He was an active participant in the Praja Mandal Movement carried on in the Mandi State since long time prior to its merger with the Union of India on May 1, 1948. It appears that on account of his involvement in the Praja Mandal Movement, he had earned the displeasure of the State administration.

2. On or about July 21, 1947 (5.5.2004 Bk.), the then Home Minister of Mandi made a proposal for the detention of some persons and one amongst them was the petitioner. In the proposal, a copy whereof is produced at Annexure PB, the petitioner was described as a "confirmed seditionist" who indulged in delivering speeches creating disaffection in the public mind and advocating blood bath and unlawful activities for attaining independence. The Home Minister observed that it was, at one stage, considered to prosecute the petitioner for his unlawful activities since executive action might not be considered proper. However, in view of the various difficulties in obtaining conviction at a criminal trial, the proposal was dropped. The Home Minister pr