RAM KRISHAN BHARDWAJ Vs. STATE OF DELHI AND CITHERS

JUDGEMENT

(1.) This is a petition under Art. 31 of the Constitution for the issue of a writ in the nature of habeas corpus directing the release of the petitioner Dr. Ram Krishan Bhardwaj who is a medical practitioner in Delhi and is now said to be under unlawful detention.

(2.) The petitioner was arrested on 10-3-1953 under an order of the District Magistrate of Delhi made under S. 3, Preventive Detention Act as amended. The grounds of detention were communicated to the petitioner on 15-3-1953. Paragraph 1 of that communication states that "the Jan Sangh, the Hindu Mahasabha and the Ram Rajya Parishad have started an unlawful campaign in sympathy with the Praja Parishad movement of Kashmir for defiance of the law, involving violence and threat to the maintenance of public order" as evidenced by the sub-paragraphs which follow. The incidents referred to in sub paras (a) to (1) are said to have ranged from 4 to 10-3-1953, the date on which the petitioner was arrested, but they do not directly implicate the petitioner. They merely give particulars of the alleged unlawful activities of the three political organizations referred to above. Sub-paragraph (m) is important, as on it is founded the first contention of Mr. Veda Vyas, the learned counsel for the petitioner. It runs as follows;

(3.) The second contention raised by Mr. Veda Vyas is more formidable. As already stated para, 1 of the statement of grounds, while it sets out the unlawful activities of the three political bodies, does not directly implicate the petitioner in any of them. Paragraph 2 shows how the petitioner was concerned in those activities. It begins by stating.