Bind Basni Prasad, J. - (1.) This is an application under Section 491, Criminal P. C, by one Permanand Gour for release. He is at present under detention in the Naini Central Jail under the provisions of the U. P. Maintenance of Public Order (Temporary) Act, 1917 (hereinafter referred to as "the Act"). The facts are as follows: On 11th June 1948, the District Magistrate of Allahabad, acting under Sub-section (2) of Section 3 of the Act, passed an order of detention against the petitioner in following terms: Whereas I.R.P. Bhargava, I. C. S., District Magistrate of Allahabad am, on the basis of reports received, satisfied that the person known as Shri Parmanand b/o Shree Parmanand Gaur B/o 445, Badsbahi Mandi P. Si Kotwati, Allahabad has acted in a manner projudicial to the public safety and maintenance of public older and whereas it is necessary in the interest of maintenance of public order to prevent the said Shri Parmanand from acting in such a manner by detaining him, I, in eiercisa of the powers conferred by Sub-Section (2) of Section 3, United Provinces Maintenance of Public Order (Temporary) Act, 1947 (Act IV of 1047) hereby direct that the said Shri Parmanand shall be detained in the custody of the Superintendent Central Jail, Allahabad, for a period of 15 days from the date of this order. The same day, viz., on nth Jane 1948, the District Magistrate issued a notice to the detenu through the Superintendent Central Jail, Naini, communicating to him "under Section 5" the grounds of detention in the following terms: Under Section 5, United Prvinces Maintenance of Public Order (Act IV o 1947), I give below a short note giving the grounds on which the order of detention for a period of 15 days has been passed against you. That you made preparation to organize a demonstration with a view to commit breach of peace. That you made preparation to cut telegraph, telephone and electric wires between 10th and 15th June, 1948, with a view to stop all communications. That your remaining at large is dangerous to public peace and safety.
(2.) I further inform you that you have got a right to represent your case to me. This notice was served on him on 13th June 1948. 2. Eight days later, viz,, on 19th June 1918, the Provincial Government, acting under Section 3 (l) (a) of the Act, pas3ed an order of detention against the petitioner in the following terms: Whereas the Governor of the United Provinces is satisfied with respect to the person known as Parmanand Gour, resident of Badsbahi Mandi, Allahabad that with a view to preventing him from acting in any manner prejudicial to the public safety and the maintenance of public order it is necessary so to order; Now, therefore, in exercise of the powers conferred by Clause (a) of Sub-section (1) of Section 3, United Provinces Maintenance of Public Order (Temporary) Act, 1947 (U. P. Act No. IV of 1947) as amended, the Governor of the United Provinces is hereby pleased to direct that the said Parmanand Gour shall be detained in the custody of the Superintendent of any Central Prison in the District in the United Provinces for a period of six months from the date of the issue of this order. The same day, viz., on 19th June 1948, the Provincial Government issued a notice under Section 5 of the Act communicating the - grounds of detention to the petitioner, It runs as follows: Government op the United provinces, Confidential Department No. E-1030 (iii) XXV/CX. Dated Lucknow, 19th June 1948 Notice under Section 5, United Provinces Maintenance of Public Order (Temporary) Act, 1947 (U, P, Act, No. IV of 1947). In pursuance of the provisions of Section 5, United Provinces Maintenance of Public Older (Temporary) Act, 1947, you Parmanand Gour E/o Badshahi Mandi, Allahabad are hereby informed that the grounds of your detention are that you have been instigating the workers of the Electric Supply Co., to go on illegal strike. You were also organizing to cut the telegraph, telephone and electric wires in different parts of the city between June 10 and 15 to stop all communications. You have persisted in such activities and your actions are prejudicial to the public safety and maintenance of public order. You are further informed that you have a right to make a representation in writing against the order under which you are detained. If you wish to make such a representation you should address it to Government through the Superintendent of your jail as soon as possible. This notice was served on him on 22nd June 1948. The order and notice both issued by the Provincial Government are signed by Shri Govind Narain, Home Secretary to Government, United Provinces. Learned Deputy Government Advocate has placed before me the duplicate copies of the aforesaid two orders and the two notices.
(3.) Nine points have been urged on behalf of the petitioner to question the validity of his detention and I deal with them seriatim.;