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1949 Supreme(Mad) 30

S.FAZL ALI, M.PATANJALI SASTRI, MEHRCHAND MAHAJAN, B.K.MUKHERJEA, H.J.KANIA
[An appeal under section 205(1) of the Government of India Act, 1935, from the High Court of Judicature atAllahabad. ], Rex – Appellant
Versus
Abdul Majid, (The Governor-General of India) – Respondent


Advocates:
P.L. Bannerjee, Advocate-General of the United Provinces (Shri Ram, Advocate, Federal Court, with him), instructed by Tarachand Brijmohanlal, Agent, for Appellant.
Sardar Pritam Singh, Advocate, Federal Court, instructed by Ranjit Singh Narula, Agent, for Respondent.
Sir Noshirwan P. Engineer, Advocate-General of India (Jindra Lal, Advocate, Federal Court, with him), instructed by P.A. Mehta, Agent, for Intervenor.

Judgments

Kania, C.J.- I have read the judgment prepared by Mahajan, J. I agree with the reasoning and conclusion of the judgment and have nothing to add.

Mahajan, J.-This is an appeal under section 205(1) of the Government of India Act, 1935, against an order of the Allahabad High Court releasing one Abdul Majid of Ghaziabad under section 491 of the Code of Criminal Procedure.

The facts are these. On the nth August, 1948, the District Magistrate of Meerut ordered the detention of Abdul Majid of Ghaziabad, for a period of fifteen days under section 3(2) of the United Provinces Maintenance of Public Order Act, 1947. He was arrested on the 12th. The Governor of the United Provinces then on the 21st August, directed that he be detained in custody for a period of six months. The grounds of detention furnished to the detenu under section 5 of the Act were in these terms:-

"1. That on return from Pakistan you have been indulging in false and malicious propaganda against the Indian Union Government to the effect that (a) the Indian Union want to annex the Hyderabad State, (b) the accession of Kashmir State to the Indian Union was an act of injustice on the part of the Indian Union, and (c) th




















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