Mitter, J. - (1.) These are petitions for the issue of writs in the nature of Habeas Corpus in respect of the detention of the petitioners under the Preventive Detention Act (4 of 1950) as amendmed by the Preventive Detention (Amendment) Act (Act 2 of 1954).
(2.) The petitioners are all associated with what is known as the Dock Mazdoor Union, Port Commissioner, Calcutta. In view of the arguments addressed to us in respect of each one of the several cases before us, it will be necessary hereafter to deal with the case of each individual petitioner. There was, however, a point of law raised by learned counsel appearing on behalf of the petitioners which affects all these cases. We must, therefore, first deal with, the point which concerns all these applications.
(3.) Mr. S. K. Basu appearing on behalf of the petitioners impugned all the orders of detention as being illegal and without jurisdiction on the ground that the orders concerned on the face of them indicated that the satisfaction required under the statute on the part of the functionary mentioned in Sub-section (2) of Section 3 concerned only one of the two matters set out under Items (ii) and (iii) of Clause (a) of Section 3 of the Act. To make the point intelligible, we would state that the initial order of detention was in each case passed by the Commissioner of Police, Calcutta, and in each order it was alleged that the detention concerned was on the ground that the person involved was acting in a manner prejudicial to the maintenance of public order. Section 3, Preventive Detention Act is in the following terms: "3. Power to make orders detaining certain persons: (1) The Central Government or the State Government may-- (a) if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to-- (i) the defence of India, the relations of India with foreign powers, or the security of India, or (ii) the security of the State or the maintenance of public order, or (iii) the maintenance of supplies and services essential to the community, or (b) if satisfied with respect to any person who is a foreigner within the meaning of the Foreigners Act, 1946 (31 of 1946), that with a view to regulating his continued presence in India or with a view to making arrangements for his expulsion from India, it is necessary so to do, make an order directing that such person be detained, (2) Any of the following officers, namely; (a) district Magistrates, (b) Additional District Magistrates specially empowered in this behalf by the State Government, (c) The Commissioner of Police for Bombay, Calcutta, Madras or Hyderabad, (d) Collectors in the State of Hyderabad, if satisfied as provided in Sub-clauses (ii) and (iii) of Clause (a) or Sub-section (1) exercise the power conferred by the said Sub-section. (3) When any order is made under this section by an officer mentioned in Sub-section (2), he shall forthwith report the fact to the State Government to which he is subordinate together with the grounds on which the order has been made and such other particulars as in his opinion have a bearing on the matter, and no such order made after the commencement of the Preventive Detention (Second Amendment) Act, 1952, shall remain in force for more than twelve days after the making thereof unless in the meantime it has been approved by the State Government. (4) When any order is made or approved by the State Government under this section, the State Government shall as soon as may be report the fact to the Central Government together with the grounds on which the order has been made and such other particulars as in the opinion of the State Government have a bearing on the necessity for the order.";