B. K. Mukherjea, J. - (1.) These three applications under Art. 32 of the Constitution, praying for writs of 'Habeas Corpus' on behalf of three detenus, to wit, Sukhdev Singh, Jagjit Singh and Hardayal Singh, were presented to this court by one Sodhi Shamsher Singh on 9-9-1953. After preliminary hearing, rules were granted on these petitions by our learned brother Ghulam Hasan J. sitting as Vacation Judge, and the rules have now come up for final hearing.
(2.) It appears that all these three detenus were arrested on 1-9-1953 under order of the Chief Secretary to the PEPSU Government issued in the name of the President of India, under S. 3(1), Preventive Detention Act, 1950 and after arrest they were taken to the Central Jail. Patiala where they are lodged since then. On the 5th of September following, the detenus were supplied with the grounds of detention and it is on the basis of these grounds that the legality of the detention has been challenged before us.
(3.) The grounds state, in substance, that the detenu Sukhdev Singh, who had been previously a Sessions Judge of Patiala and was subsequently removed from the service, published under the pseudonym of Lal Chand Sharma, a pamphlet dated 24-5-1953 under the caption of "The petition of mercy by the afflicted public of the Patiala Union to Pandit Jawaharlal Ji, Prime Minister"-first instalment. Another pamphlet of a similar nature was published on 4-8-1953 and it was headed as follows: "The public wants impeachment of Bhapa Mohan Singh and Billa Teja Singh; Merey petition to Shri Jawaharlal, Prime Minister"-second instalment. It is said that these pamphlets were widely circulated and they contain passages which make serious allegations against Shri Teja Singh, the Chief Justice of Patiala and convey to the people, residing in the State, an impression that the Chief Justice in the State administers justice based on communal considerations and that he benefits the Sikhs and persecutes the Hindus regardless of the merits of the case. In the opinion of the Government, the said passages tend to encourage the Sikhs to resort to act of lawlessness and plunge the Hindus into a feeling of utter frustration and discouragement and consequently, to make them take the law into their hands for the redress of their grievances. The other detenus are said to have assisted Sukhdev Singh in the publication and distribution of the pamphlets.;