NAWABZADA MAHMUD HASAN KHAN Vs. REX

JUDGEMENT

(1.) This order will govern the three habeas corpus applications of Nawab Zada Mahmud Hasan Khan, Mohammad Yamin and Khalil Ahmad, all residents of Sambhal, District Moradabad, who were arrested and ordered to be detained as a sequel to the serious communal disturbances which took place there on 12 June 1948. The first applicant. Nawab Zada Mahmud Hasan Khan, was the Vice President of the Sabhal Muslim League and is an ex-Chairman of the Sambhal Municipal Board. The second applicant, Mohammad Yamin, states in his affidavit that he is assessed to an income-tax of Rs. 2700.

(2.) Nawab Zada Mahmad Hasan Khan was arrested soon after the riots for offences under Secs.302 and 148, Indian Penal Code. He applied for bail to the Magistrate in charge of the inquiry. It was opposed by the prosecution and was reject-ed. Learned Sessions Judge, however, granted him bail on 19 July 1948. On 28 July 1948, the District Magistrate of Moradabad, acting under Sub-section (2) of Section 3, U.P. Maintenance of Public Order (Temporary) Act, 1947, ordered his detention for a period of fifteen days. Before the expiry of this period, the Provincial Government, acting under Clause (a) of Sub-section (1) of Section 3 of the above Act, directed his detention for a period of six months. The grounds of detention communicated to him by the District Magistrate were as follows: 1. That you, in your capacity as Vice President of the Sambhal Muslim League, have been holding secret meeting of prominent Muslim Leaguers and rabid communalists at your house in order to discuss and chalk out plans for attacking members of the sister communities in the town and have always taken prominent part in communal affairs. 2. That you took a leading part in the recent communal rioting at Sambhal and are alleged to have actually led the attack on a party of Hindus escorted lay Police by resorting to the use of fire arms.

(3.) That you yourself are a rabid communalist who is always prepared to excite communally minded Muslims and goondas to make mischief in order to endanger public peace in the town.