- (1.) These two petitioners under Article 32 of the Constitution for writs in the nature of habeas Corpus (Masood Alam v. Union of India and others. W. P. No. 469 of 1972 and Abdul Bari Kairanvi v. Union of India W. P. No. 470 of 1972), have been heard together and are being disposed of by a common judgment.
(2.) Writ Petition No. 469 of 1972 :- In writ petition No. 469 of 1972 we made a short order on December 20, 1972 directing the release of Masood Alam unless he was required in some other case, reserving our reasons for his release to be given later. We now proceed to deal with the arguments advanced on his behalf and give our reasons for our decision.
(3.) Masood Alam, detenu-petitioner, was arrested on June 15, 1972 pursuant to an order of detention dated June 14, 1972. No copy of that order is produced on the record. It is, however, not disputed that the said order was made by the District Magistrate under Section 3 (1) (a) (i) and (ii) of the Maintenance of Internal Security Act, 1971 (Act No. 26 of 1971) (hereinafter called the Act). The grounds of detention signed by the District Magistrate, Aligarh were served on the petitioner on June 17, 1972, pursuant to Section 8 of the Act. Those grounds read :- "(1) That you have been exciting communal feelings amongst Muslims and feelings of disaffection towards the Government of India and of hatred to other communities. You have also been advocating use of force by Muslims in India to secure withdrawal of the A. M. U. (Amendment) Bill, 1971 - now an Act. These actions, which are a threat to security of the State and the maintenance of public order, find support from the following instances :- (i) that you are organiser at Aligarh of Youth Majlis a para-military organisation which imparts training to Muslims in the use of lathi, swords and knives, etc. You are member of Al Jehad, an International Islamic movement. You are Naib Amir Ala Youth Majlis, U. P. (ii) You went to participate in Youth Majlis training Camp at Varanasi. You were trained in the use of knife and demonstrated the same at a function of the youth Majlis held in Mohalla Tantanpara, Aligarh. (iii) You participated in a meeting addressed by Shri Afaq Ahmad, Organiser, Youth Majlis, U. P. (iv) On 12-7-1971 you stressed upon members of Youth Majlis to organise branches of Youth Majlis in each Mohalla. You went to Allahabad to participate in the youth Majlis Camp organised there from 23 to 26-6-71 and were made Naib Ala, U. P. (v) You attended the meeting held at your residence on 29-10-71 wherein training programme of Youth Majlis in use of knife and aiming by air gun was discussed. (vi) You attended a private meeting of Muslim Majlis on 11-1-1971 at the residence of Dr. Hanif Mohalla Rasalganj, Aligarh. You disclosed there that the Youth Majlis was fully prepared to meet any situation on communal basis and pleaded for funds for Youth Majlis. 2. That you have extra territorial loyalties and are, therefore, a threat to security of India which is evidenced from the following instances : (a) You visited Pakistan and returned from there on 29-4-1971 and participated in a meeting addressed by Shri Afaq Ahmad, Organiser Youth Majlis, U. P. In this meeting you disclosed that you had developed many contracts in Pakistan and the people there had given you enough money for the help of Muslims in Aligarh. (b) You on 16-7-1971 along with Abdul Bari Qairanvi and Mohammad Obes were noticed criticising Government of India's policy towards Bangala Desh and accused Government of India and Indian press of carrying on a false propaganda. (c) You attended a meeting on 29-10-1971 held at your residence wherein Abdul Bari Qairanvi asked the volunteers to remain vigilant and prepared in view of Indo-Pak armies facing each other to meet the situation which might result therefrom......." The Government, it appears, did not accord its approval of the petitioner's detention as required by Section 3 (3) of the Act. According to para 22 of the writ petition, the contents of which are not controverted, as expressly stated in para 12 of the counter affidavit, on June 26, 1972 at about 12 noon the following order was served on the petitioner : "Sub : Release under Maintenance of Internal Security Act on 25-6-1972 at 23.50 hrs. under D. M. Aligarh Order dated 25-6-1972. You are hereby informed that you are released on 25-6-1972 at 23.50 hrs vide D. M. Aligarh Order dated 25-6-1972 on account of non-receipt of approval from State Government but you were detained in Jail as under-trial under Rules 107/117, Cr. P. C. You may inform your relations or lawyer if you want to arrange your bail. Sd/ Superintendent, Distt. Jail, Aligarh." A fresh order of detention was also passed on June 25, 1972. This order was made by the Governor of U. P. under S. 3 (1) of the Act and was served on the petitioner on June 26, 1972 at about 3.30 p.m. It reads : "Whereas the Governor of Uttar Pradesh is satisfied with respect to Sri Masood Alam son of late Sri Baboo Ayoob resident of Mohalla Bani Israilan, Aligarh City, that with a view to preventing him from acting in any manner prejudicial to the security of the State and the maintenance of public order, it is necessary so to order : Now, Therefore, in exercise of the powers conferred by sub-section (1) of Section 3 of the Maintenance Act of Internal Security Act, 1971 (No. 26 of 1971), the Governor is hereby pleased to direct that the said Sri Masood Alam shall be detained under sub-clause (ii) of clause (a) of sub-sec. (1) of Section 3 of the said Act in the District Jail, Aligarh in the custody of the Superintendent of the said Jail. By order of the Governor, Sd/ (R. K. Kaul) Special Secretary".;