- (1.) This is a rule directed against the State of the Punjab to show cause why the order of detention made on Nanu Bam the detenue dated 7-2-1953 be not set aside and why the detenue be not ordered to be released.
(2.) The order for detention of Nanu Ram was made on 7-2-1953 and the date of the grounds which are required to be given under the law is 10-2-1953. On 24-3-1953 Nanu Ram was arrested and the order for detention and the grounds therefor were served on him on that date. On 9-5-1953 the order of detention was confirmed by the Punjab State Government upto 23-3-1954.
(3.) The petitioner has made several allegations in his petition under Article 226 of the Constitution. The State has accused him of being a most dangerous character. It is stated in the grounds which are Annexure 'A' that there are two camps of Bishnois in village Sadalpur in the Police Station, Fatahabad, Mukh Ram being the leader of one and Chandu of the other, and Nanu Bam is stated to be a "confederate of Chandu in the commission of the murders and other heinous crimes" and the history of assassinations in this village extends over a period of a quarter of a century during which 12 murders have been committed. In paragraphs 2 to 12 particulars of various offences committed with which Nanu Ram had connection are given. In para. 13 it is stated that Nanu Ram and members of his party are still after the life of Mukh Ram. In para. 14 Nanu Ram is accused of being a desperate and dangerous character who was responsible for no less than five murders and that he was prosecuted in two cases under the Arms Act in which he was convicted. It was also stated: A good many desperadoes and outlaws are linked with you. You are in fact, the right leiutenant of Chandu, the leader of your party, and are ever ready to commit murders and other heinous crimes. You are thus a menace to the public peace and tranquillity. The 15th ground is as follows: I have been myself to Sadalpur and the 'ilaqa', and have made extensive enquiries from the people about this age-long enmity between the parties. I am convinced that the people in general of village Sadalpur and Dhand, who are extremely poor and best cultivators in the whole district, have to suffer on account of the Intrigues and machinations of your party and that of Mukh Ram. Your places are the meeting places of all murderers and badmashes not only from this State but also from Pepsu and Rajasthan. It is widely known that the members of your party and that of Mukh Bam are big schemers and do no cultivation themselves. People are mortally afraid of you and at your bidding do your cultivation. No one can pick up courage to appeax as a witness against you. Anyone who ever contemplates to do so, is threatened with murder. From the extensive enquiries made I am convinced that the only remedy to end this age-long series of murders is to detain you and thus to relieve the general poor public and the cultivators numbering thousands from mortal fear of you and your partymen who are murderers and schemers. Thus your detention is not only just but was extremely essential for the good of the greatest number, I am convinced in my mind beyond any shadow of doubt that you are, to say the least, a professional murderer and do no other business. It is your wholetime job. This trade has flourished at the cost of ruination of the population of this 'ilaqa' and to the detriment of the general public and the law and order position of the district.;