Bind Basni Prasad, J. - (1.) These are four applications under Section 491, Criminal P. C., by Syed Ali Kabir, Safdar Husain-Khan, Faiyaz Ali and Munnu alias Abdul Latif. They are under detention in accordance with the order passed under Section 3, U. P. Maintenance of Public Order (Temporary) Act, 1917. Syed Ali Kabir is a resident of Banares and he is a dealer in silk cloth. Safdar Husain is also a merchant who inter alia deals in radios at Banares and Munnu is a dealer in steel trunks at Kanpur and Faiyaz Ali was an Assistant Director in the Industries Department of the Provincial Government at Kanpur.
(2.) Mr. Hamidullah Beg, who appears for the first two applicants, has raised several points but it is not necessary to deal with all of them. Two points which are common to all the four a applications are, in my opinion, sufficient for their disposal. The first contention is that the mandatory provisions of Section 6, of the aforesaid Act have not been complied with in any of these oases. The second contention is that the orders passed by the detaining authorities in all these four cases are beyond the purview of the afore-said Act. I am of opinion that both these points have force.
(3.) Taking up the first point, it is necessary to Bet out the grounds which were supplied under Section 6 to the various applicants. They are as follows: Syed Ali Kabir: You have been holding secret meetings at different places in the city in order to carry on propaganda against the Indian Union. You have been inciting Muslims in such meetings against the Indian Union and advising them to commit acts of violence, to disturb the public peace and to disrupt the machinery of Government. You have persisted in suoh activities and your actions are prejudicial to the publio safety and maintenance of publio order and communal harmony. Safdar Hussain Khan: You have been holding secret meetings at different plaoes in the oity in order to earry on propaganda against the Indian Union. You have been inciting Muslims in suoh meetings against the Indian Union and advising them to commit acts of violence, to disturb the publia peaoe and to disrupt the machinery of Government. You have persisted in such activities and your aotions ate prejudicial to the publio safety and maintenance of publio order and communal harmony. Munnu alias Abdul Latif: You along with Shafi and others in Earn Narain Bazar have formed an organisation with a view to weaken the administration of the Indian Union Government and spread communal bitterness in the following manner: (a) that you are carrying on pro-Pakistan and pro-Hyderabad propaganda by tuning the radio at your shop in Earn Narain Bazar to those places for news. (b) that you are working as Agent of Pakistan and Hyderabad for sending all sorts of information to those places through courtiers and (c) that you are instigating the Muslims of the Indian Dominion to migrate to Pakistan by telling them that they are not safe in the Indian Dominion. You have persisted in such activities and your actions are prejudicial to the public safety and maintenance of public order and communal harmony. Faiyaz Ali: You in Chamanganj have formed along with Hakim Noorani and others a secret organisation with a view to weaken the administration of the Indian Union Government and spread communal bitternees in the following manner: (a) that you have been advocating that the Muslim Government servants need own no allegiance towards the Indian Union Government and that their first interest lies with the Muslim ruler of Hyderabad State and Pakistan. (b) You are exhorting Muslims to organise and be prepared to stand by with the Hyderabad State in the event of a conflict between the Hyderabad State and the Indian Dominion and (c) You create panio in the city by spreading the rumour that there will be disturbances throughout the Indian Union after the departure of H. E. Lord Mount-batten and that Muslims should be ready to face boldly all the aggressions of the Hindu Government. You have persisted in such activities and your actions are prejudicial to the public safety and maintenance of public order and oommunal harmony.;