H.R. Khanna, J. - (1.) THIS judgment would dispose of ten habeas corpus petitions, Criminal Miscellaneous petition Nos. 101 to 109 and 155 of 1963, filed respectively by Sarvshri Darshan Singh Jhabal, Gurbax Singh Atta, Raghbir Singh, Mota Singh, Dalip Singh Johal, Ghuman Singh, Karnail Singh, Dhanpat Rai, Jarnail Singh and Shamsher Singh Josh against the State of Punjab challenging the orders of the Punjab Government for their detention under Rule 30(1)(b) of the Defence of India Rules.
(2.) THE Petitioners are members of the Punjab State Council of Communist Party of India. Eight of them expressly stated this fact in the petitions filed by them while the remaining two, namely. Shri Mota Singh and Shri Shamsher Singh Josh, have stated so at the hearing of the petitions. The orders for the detention of the Petitioners are dated 20th November, 1962 and, but for the name and description of the detenu, are in identical terms and read as under - - Whereas Shri (name of the detenu) son of (father's name) district * * is reported to be indulging in activities prejudicial to the Defence of India and Civil defence by making propaganda against joining the Armed and Civil Defence Forces and by urging the people not to contribute towards the National Defence Fund; And whereas, the Governor of Punjab is satisfied in respect of the said * * that with a view to prevent him from acting in a manner prejudicial to the defence of India and civil defence it is necessary that the said * * be detained; No, therefore, in pursuance of the provisions of Rule 30(1)(b) of the Defence of India Rules, the Governor of Punjab hereby direct that the said * * be detained at Rohtak in the Rohtak Jail and in matters relating to maintenance, discipline and the punishment of offences "and breaches of discipline the said * * shall be governed by the Punjab Detenus Rules, 1950, as amended up -to -date. Dated 20th November, 1962. J.D. Khanna,Deputy Secretary to Government,Punjab. In pursuance of the above orders, the Petitioners in petitions Nos. 101, 103, 104, 105, 106, 108 and 155 were arrested on 21st November, 1962. Shri Karnail Singh Petitioner in petition No. 107/1963 was arrested on 22nd November, 1962. Shri Gurbax Singh Petitioner in petition No. 102 was arrested on 28th November, 1962 (in the petition it was stated that he had been arrested on 27th November, 1962 but at the hearing of the petition he stated that he had been arrested on 28th November, 1962), and Shri Jarnail Singh Petitioner in petition No. 109 was arrested on 4th December, 1962. Since then the Petitioners are under detention. According to the Petitioners, the charges levelled against them in the detention orders are false and baseless and calculated to slander and malign them before the people. It is stated that the Petitioners are bound to stand by the decision of the Communist Party of India. The Petitioners also claimed to have given support to the defence efforts of the country. The order for the detention if the Petitioners is stated to be mala fide and illegal. It is also stated that detention orders were served on the Petitioners not at the time of their arrests but after the expiry of many hours. In the petition filed by Shri Shamsher Singh Josh, a ground has also been taken that an election petition challenging his election as a member of the Legislative Assembly had been filed by the defeated Congress candidate and as a result of his detention he could not give instructions to his counsel in respect of the witnesses who were examined before the Election Tribunal. His detention order has been made, according to Shri Josh, with a view to prevent him from safeguarding his interests in the election petition and also with a view to victimise him for his severe criticism of the Congress Party. All these petitions were heard together at the prayer of the counsel for the parties because it was stated that the same arguments are to be advanced in them.
(3.) THE State of Punjab in its reply has filed the affidavits of Shri J.D. Khanna, Deputy Secretary to Government, Punjab, Home Department, in which it is stated that it was reported to the State Government that the Petitioners were indulging in activities prejudicial to the defence of India and civil defence by making propaganda against joining the Armed and civil defence forces and by urging the people not to contribute towards the National Defence Fund. The State Government after considering all the material bearing on the point was satisfied in respect of the Petitioners that with a view to preventing them from acting in a manner prejudicial to the defence of India and civil defence it was necessary that they be detained. The State Government accordingly made orders on 20th November, 1962, under Rule 30(1)(b) of the Defence of India Rules that the Petitioners be detained. The allegation that the detention of the Petitioners was mala fide and illegal has been denied. The Petitioners, according to the reply of the State Government, were shown and explained the detention orders at the time of their arrests and soon thereafter copies of the detention orders were furnished to them. So far as the allegation of Shri Josh is concerned it is stated that the State Government was not motivated or influenced in the least by the factum of the election petition pending against him. Shri Josh who was originally ordered to be detained in Rohtak Jail was subsequently directed to be detained in Ambala Jail with a view, it is stated, to give him facility of imparting instructions to his counsel regarding the election petition for which purpose interviews were allowed with his legal advisers. The other allegation, that Shri Josh was detained because of his severe criticism of the Congress Party, has been denied and it is stated that only those members or M.L.A.s of the Communist Party have been detained in respect of whom the State Government was fully satisfied that they were indulging in prejudicial activities.;