Decided on January 02,1954

PUNJAB STATE Respondents


- (1.) THIS is a 'habeas corpus' petition under Article 226 of the Constitution filed by Chaudhri rambhaj, an Advocate of Rohtak, on behalf of his uncle Chaudhri Ram Sarup who was arrested and placed under detention under the provisions of the Preventive Detention Act by an order of mr. H. D. Shorie, the District Magistrate of Rohtak, dated 19-10-1953. The copy of the grounds on which the order of detention was based supplied to the detenu under section 7 of the Act reads as follows: "1. That with the intention of overawing and subduing your political and other opponents and in order to wield influence in the rural area of Rohtak District, you are associating with and patronising the Jat gang of outlaws, the prominent member of which is Hem Raj s/o Hari Ram, jat resident of Mehrarra, Police Station Jalana, District Sangrur (Pepsu), and who is wanted in a large number of murder and dacoity cases noted in the margin (15 in number not printed as being unnecessary) and as a result of whose activities several murders and dacoities have been committed and public peace disturbed. Amongst the many acts of your association and assistance, a few specific acts are mentioned below: (1) That on 29-8-53, at about 7-30 P. M. at your well, known as Tek-ramwala in village khadwali, you were seen talking with the said Hem Raj and two others, all armed. On information, a raid was organised but you managed to slip away by the time the Police reached there; (2) That on the night of 17-18/8/53, Hem Raj aforesaid was wounded during the commission of the double murder, details of which are given in para. 2; you arranged for his medical aid in a jungle near Jind; (3) That on 15-9-53 afternoon you were seen closeted with the said Hem Raj and two of his unknown associates fully armed under 'jal' tree on the boundary of villages Rukhi and Mehra in police Station Barauda, in consequence whereof a raid was organised but by the time the raid party could reach the scene, you had escaped.
(2.) ON the night of 17-18/8/53 in the area of village Khadwali Sis Ram and Lachhi Ram barbers of that village along with their two brothers--Subha Chand and Ram Narain, were attacked by 8 persons headed by the aforesaid Hem Raj armed with guns, rifles and other dangerous weapons. The former two were done to death, while Sobha Chand was wounded. A case F. I. R. No. 49 dated 18-8-53 under Section 302/307/149/148, I. P. C. was registered at police Station Sadr Rohtak. In this case, four accused--Maman son of Ramji Lal, Pirthi son of sukh Lal, Bhagwana son of Pungar and Ram Chandar son of Jowahra, Jats of this village were arrested and Hem Raj mentioned in para. (1) is still absconding. Taking advantage of your past criminal habits and tendencies and the influence you have gained with the outlaws and in order to screen the accused from punishment, you have engaged in the commission of the under mentioned acts; (i) That on 19-8-53, you went to the mortuary at Rohtak, met Sobha Chand, prosecution witness, who was present there to identify the dead bodies of his two brothers at the time of post mortem examination and cautioned him not to prosecute the murder case, beg pardon of the Jats of his 'pana' and threatened him with dire consequences in case he acted otherwise. (ii) That on 25-9-53, in the premises of the District Courts Rohtak, when this case was to come up for hearing before Shri Rajinder Singh, M. I. C. , you seduced Ram Narain and other prosecution witnesses and took them away, thus obstructing the course of justice. (iii) That on 4-10-53, you collected a panchayat in village Khadwali and asked the persons present there to help the Jat gang and not to depose against the said Hem Raj and his associates in this double murder case; and (iv) That continuously you are exerting pressure on Sobha Chand and Ram Narain prosecution witnesses asking them not to depose in favour of the prosecution and have again threatened them on 5-10-53.
(3.) THAT by taking undue advantage of your past criminal habits and tendencies and your association with outlaws and the terror that you have spread amongst the villagers, you in the middle of September 1953 coerced one Chandar son of Hern Chand, resident of village Jassia, P. S. Sadr Rohtak, on a false accusation of theft, forcing him to pay Rs. 2,000/- to you. You beat him and threatened him with death citing the fate of Khedwali case. On or about 26-9-1953. Chandar arranged a sum of Rs. 1150/-by mortgaging his 8 1/2 'bighas' of land with Risala Jat and paid it to you. You gave him 3 days to arrange for the balance of Rs. 850/ -. Having failed to find any means to arrange this amount, the said Chandar has quitted the village in terror.;

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