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1956 Supreme(All) 9

BEG, CHOWDHRY
SARJU PANDEY – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
S.N.Dwivedi

CHOWDHRY, J.

( 1 ) THIS is a petition for a writ of habeas corpus by one Sarju Pandey, a detenu in the District Jail at Lucknow, against the order of the District Magistrate of Ghazipur, dated 14-5-1955, passed under Section 3 (1) (a) (ii), Preventive Detention Act, 1950 (hereinafter referred to as the Act ). The order purported to have been passed with a view to preventing the petitioner from acting in any manner prejudicial to the maintenance of public order.

( 2 ) THE petitioner is a member of the Provincial Committee of the U. P. Communist Party and vice-President of the U. P. Kishan Sabha. He was arrested on the same day on which the detention order was passed and on 16-5-1955 he was supplied with the grounds of detention. He was accused of having delivered a number of speeches between 29-12-1954 and 13-5-1955 inciting people to violence, and the District Magistrate therefore felt satisfied that it was necessary to make the detention order with a view to preventing the petition from acting in any manner prejudicial to the security of the State and the maintenance of public order. The gist of these speeches, or extracts therefrom, were given in the grounds, and instances of res



















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