Harries, C.J. - (1.) This is a petition praying that the petitioner Janab Shafatullah Khan who is at present detained under Section 3, Preventive Detention Act of 1950, be released from such detention. In the petition allegations are made that the petitioner has been detained be cause of his work amongst the workers in the Calcutta district. He states that he as the General Secretary of the Bengal National Chamber of Labour had been organising the workers in West Bengal and particularly in the areas of Calcutta, 24 Parganas, Hooghly, and Howarh to secure better terms of employment and conditions of service through adjudication by Industrial Tribunals. He suggests that owing to these activities he has aroused the enmity of Government. Hence the order for detention.
(2.) After the order for detention under Section 3, Preventive Detention Act of 1950, was made the Government served on the detenu the grounds for the order for detention as required by Section 7 of that Act. It will be convenient to set out these grounds in extenso : "(1) That you as an active worker of the Muslim league have been carrying on activities to arouse communal passion amongst Muslim labourers in the industrial areas of Howrah, Hooghly and 24 Parganas particularly of the last mentioned district, to create disorder on a large scale and to bring about dislocation in the industries and thereby to paralyse the administration. (2) You have been attempting to disturb peace and tranquillity in the said industrial areas by preaching both communalism and provincialism and setting non-Bengalee labourers against the Bengalees and also trying to lure Muslim labourers to Pakistan for employment there. (3) You have been working as an agent of Pakistan to the detriment of India and trying to cloak your activities by giving a colour of bringing Muslims within the congress fold. Thus you have been acting in a manner prejudicial to the maintenance of peace and the security of the State."
(3.) It seems to have been realised by Government that it might be suggested that these grounds are vague and accordingly further grounds were given to the detenu on 13-7-1950 and these further grounds are as follows : "(1) You are an active labour organiser on communal lines, though to disarm suspicion, you decided to allow some Hindus to come in your labour Union. (2) On 20-8-1949, you visited Autpur Mosque Jagatdal with Latafat Hosen and held a meeting with Jute Mill Sardars to bring the Muslim masses under a separate political organisation. (3) Other grounds, which cannot be disclosed in the public interest. Any further representation that you wish to make to the State Government should be addressed to undersigned and forwarded immediately through the Superintendent of the Jail in which you are detained.";