B. P. Sinha, J. - (1.) This appeal, on a certificate of fitness granted by the Calcutta High Court, is directed against the order of that Court, dated January 8, 1959, in Criminal Miscellaneous Case No. 126 of 1958, refusing to issue a writ in the nature of habeas corpus in respect of one Ram Prasad Das (who will here- in-after be referred to its 'the petitioner'). This Court, by an order dated April 20, 1950, directed that the application of the petitioner under Art. 32 of the Constitution, for a similar writ in respect of the same person be posted for hearing immediately after the aforesaid criminal appeal, and that it shall not be necessary that the petitioner be produced before this Court at the time of the hearing of the writ petition. Hence, both the matters, relating as they do, to the same subject-matter, have been heard together and will be disposed of by this judgment.
(2.) It appears that Naresh Chandra Ganguli, an advocate, practising in the Calcutta High Court, made an application under Ss. 491 and 561 A of the Code of Criminal Procedure, as a friend, on behalf of the petitioner, in detention in the Dum Dum Central Jail in 24 Parganas, under the orders of the Government of West Bengal. The application was made to the Calcutta High Court on the following allegations:The petitioner is the Secretary of the West Bengal Committee of the Bharatiya Jana Sangha, one of the four big political parties, as recognised by the Election Commission of India. On or about October 7, 1958, towards evening, when the petitioner was coming out of the Basanta Cabin, a tea stall, at the crossing of the College Street and Surya Sen Street, after having addressed a meeting at the College Square, he was stopped on the street by the police and was taken to the office of the Special Branch (Police) on Lord Sinha Road. From there, he was sent to the Dum Dum Central Jail, where he was served with an order, being Order No. 83 dated October 7, 1958, purporting to have been made by the Commissioner of Police, Calcutta, under the provisions of the Preventive Detention Act (IV of 1950) (hereinafter referred to as 'the Act'). The order is in these terms: "ORDER Dated 7-10-58. No. 83. Whereas I am satisfied with respect to the person known as Sri Ram Prasad Das, son of late Bepin Behari Das of Village P. S. P. Dist. and of 6, Murlidhar Sen Lane, Calcutta that with a view to preventing him from acting in a manner prejudicial to the maintenance of Public Order it is necessary so to do. Now therefore in exercise of the Powers conferred by S. 3(2) of the Preventive Detention Act, 1950 (IV of 1950) I made this order directing that the said Sri Ram Prasad Das be detained. Given under my hand and seal of office. Sd. Illegible. Commissioner of Police, Calcutta." On or about October 8, 1958, the petitioner was served, in the Dum Dum Central Jail, with a further order, being Order No. 85 dated October 8, 1958, which is as follows. "Government of West Bengal. Officer of the Commissioner of Police, Calcutta. Dated 8-10 58. No. 85. Grounds for detention under clause (ii) of clause (a) of sub-section (1) of Section 3 of the Preventive Detention Act, 1950 (Act. IV of 1950). To Sri Ram Prasad Das S/o Bepin Behari Das, of 6, Muralidhar Sen Lane, Calcutta. You are being detained in pursuance of a detention order made in exercise of power conferred by S. 3(2)(c) of the P. D. Act, 1950 (Act IV of 1950) on the ground that you are citing in a manner prejudicial to the maintenance of public order, as evidenced by the particulars given below: 1. That on 13-9-58 you attended a meeting of Eastern Indian Refugee Council held at the Refugee office at 6 Murlidhar Sen Lane and vilified Prime Minister of India for his allegedly turning a deaf ear to the untold miseries of the refugees and while referring to the recent agreement between the Prime Ministers of India and Pakistan you vented feelings of violence against the Prime Minister of India by emphasising that in order in save the refugees and the territories of the Indian Union, Sri Nehru should be murdered, if necessary and so the need of another Nathuram Godse was felt now. 2. That in course of discussion with members of your party on 17-9-58 at 6 Murlidhar Sen Lane you stated that the Indian Prime Minister had made a Present of certain Indian enclaves to Pakistan in pursuance of the policy of appeasement which has been initiated by the Late Mahatma Gandhi and called upon the members to build up strong movement against the implementation of Nehru-Noon Pact. You also tried to rouse passions by alleging that the Indian Prime Minister had no sympathy for West Bengal. 3. That on 26-9-58 you attended another meeting of the South Burtolla Branch of the Jana Sangha at Jatin Mitter Park, where you denounced the aforesaid agreement between the two Prime Ministers and stressed the need of forming a militia with the youths of the country for the safety of the people living in border areas and urged all to enrol themselves for the said purpose. 4. That you intend to proceed to Delhi on 9-10-58 and that you are likely to instigate plans which may adversely affect the personal security of the Prime Minister of India. Your action above is bound to result in the maintenance of public order being prejudicially affected. You are hereby informed that you may make a representation to the State Government against the detention order and that such representation should be addressed to the Assistant Secy. Home (Special) Department, Government of West Bengal, and forwarded through the Supdt. of the Jail in which you are detained as early as possible. You are also informed that under S. 10 of the P. D. Act, 1950 (IV of 1950) the Advisory Board shall if you desire to be heard hear you in person and that if you desire to be so heard by the Advisory Board you should intimate such desire in your representation to the State Government. Sd. Illegible. Commissioner of Police, Calcutta."
(3.) On or about October 11, 1958, the petitioner was served with another order which is in these terms: "Government of West Bengal, Home Department. Special Section. ORDER Calcutta, 11-10-58. No.1882 E. 8. In exercise of the power conferred by Section 3(2) of the Preventive Detention Act, 1950 (IV of 1950), the Governor is pleased to approve order No. 83 dated the 7-10-58 made under Section 3(2) of the said Act by the Commissioner of Police, Calcutta directing that Sri Ram Prasad Das son of Late Bepin Rehari of 6, Murlidhar Sen Lane, Calcutta be detained. By order of the Governor. Sd. Illegible. Dy. Secty. to the Govt. of West Bengal." ;