9911796707
TMI Blog1960 (1) TMI 49X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Art. 32 of the Constitution has been filed by the petitioner. The grounds of detention contained 5 grounds upon which the Central Government was satisfied that it was necessary to detain the petitioner as he was likely to act further in a manner prejudicial to the security of India and the relations of India with foreign powers. It was further stated in the grounds of detention that the Central Government considered it against the public interest to disclose to the petitioner any facts or particulars as to dates, persons, places, nature of activities and the assistance given by him other than those which had been mentioned in the grounds of detention. The grounds of detention further mentioned that some of the specimen despatches sent by the petitioner and some of the reports appearing in a newspaper published in Pakistan were annexed thereto. From the grounds of detention it would appear that the allegation against the petitioner was that he had been engaged in carrying on propaganda against the Government of India and the Government of the State of Jammu and Kashmir established by law and against the administration of that State Government in a manner calculated to bri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Constitution, for the purposes of the Constitution, Foreign State meant any State other than India. The proviso, however, enabled the President, subject to the provisions of any law made by Parliament, by order to declare any State not to be Foreign State for such purposes as may be specified in the order. Reference was made to the Constitution (Declaration as to Foreign State) Order, 1950 (hereinafter referred to as the Order) made by the Governor General of India under Art. 392(3) of the Constitution read with Art. 367(3). The Order directed that it shall come into force at once, that is to say, on January 23, 1950. Clause (2) of the Order states: Subject to the provisions of any law made by Parliament, every country within the Commonwealth is hereby declared not to be a Foreign State for the purposes of the Constitution . On behalf of the petitioner it was urged that by the Order,, Pakistan being a member of the Commonwealth, was declared not to be a Foreign State. Although the Order was subject to the provisions of any law made by Parliament no law had yet been enacted by Parliament contrary to the declaration made by the Order. Pakistan not being a Foreign State could not the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... utside the Commonwealth they must be regarded as foreign powers and their affairs as between them are foreign affairs. In our opinion, that which is not concerned with the internal affairs of a member of the Commonwealth, is its external affair, that is to say, a foreign affair. Under item 9 of List 1 of the Seventh Schedule of the Constitution, Parliament is empowered to enact laws with respect to preventive detention for reasons connected with defence, foreign affairs or the security of India and persons subjected to such detention. Under s. 3 of the Act the Central Government or the State Government may, if satisfied with respect to any person, with a view to preventing him from acting in any manner prejudicial to the defence of India, the relations of India with foreign powers or the security of India, make an order directing that such person be detained, if it thinks it necessary so to do. The expression Foreign Affairs includes the relations of India with foreign powers. The question for decision is whether Pakistan is a foreign power. On a correct interpretation of the meaning of the words the relations of India with foreign powers we have no doubt that Pakistan m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntrary, in the grounds of detention, it is clearly stated that the cumulative effect of the petitioner's activities was prejudicial to the relations of India with foreign powers in general (vide grounds 3 and 4). The grounds of detention refer to the publication in a foreign newspaper of despatches of news and views relating to the State of Jammu and Kashmir containing false, incomplete, one sided and misleading information and about the policy of the Government of India in relation to that State. The extracts of the despatches, sent by the petitioner to the foreign newspaper, annexed to the grounds of detention show that they are not only prejudicial to the Government of India vis-a-vis Pakistan but they are prejudicial to the relations of India with foreign powers in general, the subject of the affairs of the State of Jammu and Kashmir not being a matter of interest solely to Pakistan but also of interest to other foreign powers. Coming now to objections made as to the grounds of detention : regarding ground No. 1, it was urged that this ground was outside the scope of the order of detention. This ground mentions that the petitioner is engaged in carrying on propaganda aga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by such officer under sub-s. (3) of s. 3. Section 10 sets out the procedure which the Advisory Board must follow when reference has been made to it under s. 9. Section 10(1) states : The Advisory Board shall, after considering the materials placed before it and, after calling for such further information as it may deem necessary from the appropriate Government or from any person called for the purpose through the appropriate Government or from the person concerned, and if in any particular case it considers it essential so to do or if the person concerned desires to be heard, after hearing him in person, submit its report to the appropriate Government within ten weeks from the date of detention. It is clear from these provisions that the Advisory Board after considering the materials placed before it under s. 9 can call for further information from the appropriate Government, and that thereafter if in any particular case it considers it essential so to do or if the detenue desires to be heard, after hearing him, submit its report to the appropriate Government. In such a situation the Advisory Board must of necessity obtain further information from the appropriate Governme ..... X X X X Extracts X X X X X X X X Extracts X X X X
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