SIDDIQUE ALI Vs. PROVINCE OF BIHAR

JUDGEMENT

(1.) This is a petition under Section 491. Criminal P.C., on behalf of one Siddique Ali, Chief Store-Keeper in the Tinplate Company, Limited, at Jamshedpur in the district of Singhbhum. The petitioner was arrested on 9 August 1948, at Jamshedpur and was detained in the Purulia Jail by virtue of an order of the Deputy Commissioner of Singhbhum who exercises the powers of a District Magistrate in that district under Section 2(1)(a), Bihar Maintenance of Public Order Act, 1947 (hereinafter referred to as the Act). Such an order is valid only for 15 days under Sub-section (2) of Section 2 of the Act. The petitioner was served with a copy of the grounds of his detention by the Deputy Commissioner on 16th August 1948. On 23 August 1948, the Provincial Government passed an order under Clause (a) of Sub-section (1) of Section 2 of the Act directing the detention of the petitioner until further orders of the Governor of Bihar. A copy of this order was served on the petitioner on 27 August 1948. On 30 or 3l August, 1948, the Provincial Government communicated to the petitioner the grounds on which the order of detention had been made against him. This communication was made in compliance with the provisions of Section 4 of the Act. As the arguments on behalf of the petitioner have mainly centred round these grounds, I shall quote them in full: In pursuance of Section 4, Bihar Maintenance of Public Order Act, 1947, Siddique Ali, son of Saheb Ali of P.S. and P.C. Chicacole, district Gazagapattam (Madras), at present Chief Store-Keeper, Tinplate Co. of India, Ltd., P. Section Golmuri, Jamshedpur, is informed that he has been ordered to be detained on the following grounds:

(2.) That he has a bad communal history. Thus in 1946 he was responsible for manufacturing swords, sword-sticks, bhalas at Jamshedpur Industries and got them distributed among the Muslim population of Jamshedpur and exported these weapons for distribution among the Muslims in Calcutta.

(3.) Recently, he organised a suicide squad known as the Muslim Janbas Volunteer Anjuman Gunchae Islam which is a secret body ready to indulge in lawlessness end sabotage of industrial plants at the appointed time to the detriment of the Government of Indian Union. Being an organiser of this militant group Siddique Ali is expected to play a prominent part in executing these lubversive plans.