Summarize the following court judgment. os. 102	105 to 110 of 1956. Petitions under Article 32 of the Constitution for writs in the nature of Habeas Corpus. N. C. Chatterjee	 Sadhan Chandra Gupta and janardhan Sharma; for petitioners in Petitions Nos. 102	 105 to 108 of 1956. Sadhan Chandra Gupta and Janardhan Sharma	 for petitioners in Petitions Nos. 109 and 110 of 1956. C.K.Daphtary	 SoliCitor General for India	 Porus A. Mehta and R. H Dhebar	 for respondents in Petitions Nos. 102 and 105 of 1956. Porus A. Mehta and R. H. Dhebar	 for respondents in Petitions Nos. 106 to 110 of 1956. September 17. The Judgment of the Court was delivered by VENKATARAMA AYYAR J. These are petitions filed under article 32 of the Constitution for the issue of writs in the nature of habeas corpus. They arise on the same facts and raise the same questions. On 13 1 1956 the Commissioner of Police	 Bombay	 passed orders under section 3(2) of the IV of 1950 (hereinafter referred to as the Act)	 directing the detention of the present petitioners	 and pursuant thereto	 they were actually arrested on 16 1 1956. The grounds on which the orders were made were formulated on 19 1 1956	 and communicated to the petitioners the next day. On 21 1 1956 the Commissioner reported the fact of the order and the grounds therefor to the State Govern 655 ment	 which approved of the same on 231 1956. The contention of the petitioners before us is that when the Commissioner passed the orders for detention on 13 1 1956	 it was his duty under section 3(3) to report that fact forthwith to the State Government and as be did not do so until 21 1 1956	 he had acted in contravention of the statute	 and that the detention was therefore illegal. That raises the question as to what "forthwith" in section 3 (3) of the Act signifies	 and whether on the facts the report was made "forthwith"	 within the meaning of that word in that sub section. The word "forthwith"	 it has been observed	 is of elastic import. In its literal sense	 it might be construed as meaning that the act to be performed forth;with in relation to another should follow it automatically without any interval of time	 or	 as held in some of the American. authorities	 should be performed at one and the same time as the other. But even in America	 the preponderance of judicial opinion does not favour this construction. In Corpus Juris	 Volume 26	 page 998 the position is thus stated: "Although the term has received a strict conStruction	 ordinarily it is not to be strictly construed	 but should receive a liberal or reasonable construction . Some regard must be had to the nature of the act or thing to be performed and the circumstances of the case". In England	 there is a long catena of decisions interpreting the word "forthwith" occurring in statutes	 rules and contracts	 and their trend has been to construe it liberally. As early as 1767	 discussing the meaning of the word 'immediately ' and the word "forthwith" his been held to have the same significance Lord Hardwicke observed in Rex vs Francis "But then the word immediately	 is strongly insisted on	 as	 a word which excludes all mesne acts and time; and therefore	 that this taking away the money must necessarily be 'in the presence of Cox. (1) Cun. 165; ; 	 1183. 656 But all the nine Judges held this word immediately	 to be of so loose a signification	 and not to imply necessarily	 that the money was taken away in Cox 's presence. For this word does neither in its use and application	 nor in its grammatical construction	 exclude all mesne acts or time But it is more necessary and proper in this case	 to consider the signification of this word in the legal	 way. And it is plain	 that in this acceptation	 it is not understood to exclude mesne acts or time And on the Statute Hue and Cry	 27 Eliz. c. 13	 section 11	 where ' the words with as much convenient speed as may be	 are made use of	 all the precedents have expressed these words	 by the word immediate	 as may be seen in the books. The last case which I shall mention on this point	 is that of the writs of habeas corpus	 issuing out of this Court	 which are most frequently made returnable immediately; and in this case the word is never understood either to exclude mesne acts or time	 but only means	 with convenient speed In Beg. vs The Justices of Worcester(1)	 where the question was as to the meaning of the word "forthwith" in section 50 of 6 Will. IV	 Coleridge	 J. observed: "I agree that this word 'forthwith ' is not to receive a strict construction like the word 'immediately '		 so that whatever follows	 must be done immediately after that which has been done before. By referring to section 50	 it seems that whatever is to be done under it	 ought to be done without any unreasonable delay. I think that the word 'forthwith ' there used	 must be considered as having that meaning ' The meaning of the word "immediately" came up for consideration in Thompson vs Gibson(2). Holding that it was not to be construed literally	 Lord Abinger C. B. observed: "If they" (acts of Parliament) "could be construed literally	 consistently with common sense and justice	 undoubtedly they ought; and if I could see	 (1) [1889] 7 Dowl. 789 791: 54 R.R. 902 (903). (2) (1841] 8 M. & NV. 282 ; 	1047. 657 upon this act of	 Parliament	 that it was the intention of the legislature that not a single moment 's interval should take place before the granting of the certificate	 I should think myself bound to defer to that declared intention. But it is admitted that this cannot be its interpretation; we are therefore to see how	 consistently with common sense and the principles of justice	 the words 'immediately afterwards ' are to be construed. If they do not mean that it is to be done the very instant afterwards	do they mean within ten minutes	 or a quarter of an hour	 afterwards? I think we should interpret them to mean	 within such reason able time as will exclude the danger of intervening facts operating upon the mind of the Judge	 so as to disturb the impression made upon it by the evidence in the cause". In agreeing with this opinion	 Alderson	 B. expressly approved of the decision of Lord Hardwicke in Rex vs Francis(1). This construction of the word 'immediately ' was adopted in Page vs Pearce()	 Lord Abinger C. B. observing: "It has already been decided	 and necessarily so	 that the words 'immediately afterwards 'in the statute	 cannot be construed literally; and if you abandon the literal construction of the words	 what can you substitute but 'within a reasonable time? '. " In The Queen vs The Justice 3 of Berkshire(3)	 where the point was as to the meaning of "forthwith" in section 52 of 35 & 36 Vict.	 Chapter 94	 Cockburn C. J. observed: "The question is substantially one of fact. It is impossible to lay down any bard and fast rule as to what is the meaning of the word 'immediately '	 in all cases. The words 'forthwith ' and 'immediately ' have the same meaning. They are stronger than the expression within a reasonable time '	 and imply prompt	 vigorous action	 without any delay	 and whether there has been such action is a question of fact	 having regard to the circumstances of the particular case". (1) dun. 165: ; 	 1188. (2) ; (678): (1212). (3) (471). 658 The same construction. has been put on the word "forthwith " occurring in contracts. In Hudson and others vs Hill and others(1) which was a case of charterparty	 it was observed at page 280: " Forthwith ' means without unreasonable delay. The difference between undertaking to do something 'forthwith ' and kithin a specified time is familiar to everyone conversant with law. To do a thing 'forthwith ' is to do it as soon as is reasonably convenient". In Reg. vs Price(2)	 it was held by the Privy Council that the word "forthwith" in a bail bond meant within a reasonable time from the service of notice. On these authorities	 it may be taken	 an act which is to be done forthwith must be held to have been so done	 when it is done with all reasonable despatch and without avoidable delay. But it is argued by Mr. N. C. Chatterjee that the view taken in the above decisions as to the meaning of the word "forthwith" has been abandoned in the later decisions	 and that under the law as it stands	 when an act has to be performed forthwith in relation to another	 what has to be decided is not whether it was done within a reasonable time	 but whether it was done so closely upon the other as to form together one continuous act. He relied in support of this opinion on the decision in Be Muscovitch(3)	 affirming that in Re Muscovitch(1). That was a decision on rule 132 of the Bankruptcy Rules which provided that "Upon entering an appeal	 a copy of the notice of appeal shall forthwith be sent by the appellant to the registrar of the court appealed from". The facts were that the appeal was lodged in time on 25 10 1938 but the notice was served on 28 10 1938	 and it was found that there was "no satisfactory reason or no reason at all	 why there was any delay in the matter" (Re Muscovitch(4)). On that	 it was held that the requisition that "the notice shall forthwith be sent" was not satisfied. This is authority only for the position that when an Act is done after an interval of time and there is no explanation forthcoming for (1) (280). (2) ; 8 Moore P.C. 208: (3) (4) 	 659 the delay	 it cannot be held to have been done "forthwith". That is made clear by Sir Wilfrid Greene M. R. in the following passage in Re Muscovitch(1) at page 139: "Having regard to the construction which was put upon the word 'forthwith ' which is peremptory	 and. admits of no interval of time between the entry of the appeal and the sending of the notice save such as may be imposed by circumstances	 which cannot be avoided	 I find it impossible in the present case to say that the notice was sent forthwith within the meaning of the rule". Reliance is also placed for the petitioners on the decision in Ex parte Lamb: In re Southam(2)	 which was followed in Re Muscovitch(1). There	 construing the word "forthwith" in rule 144 of the Bankruptcy Rules	 1870	 which corresponds to rule 132	 which was the subject of interpretation in Re Muscovitch(1)	 Jessel M. R. observed at page 173: "Ithink that the word 'forthwith ' must be construed according to the circumstances in which it is used Where	 as in Hyde vs Watt8(3)	 there is a covenant to insure a man 's life	 there must of necessity be some delay	 for the act could not be done in a moment. But where an act which is required to be done 'forthwith ' can be done without delay	 it ought to be so done". In that case also	 the learned Judges found that the delay was not explained. And the observation of Lush L. J. in the same case was that "the word 'forthwith ' has not a fixed and an absolute meaning; it must be construed with reference to the objects of the rule and the circumstances of the case". There is nothing in the decisions in Re Muscovitch(1) and Ex parte Lamb: In re Southam(2) which can be considered as marking a departure from the construction put on the word "forthwith" in the earlier authorities that it meant only that the act should be performed with reasonable speed and expedition	 and that any delay in the matter should be satisfactorily explained. (1) (2) (3) ; 660 It is argued for the petitioners that even if the con. struction put on the word "forthwith" in the above decisions is accepted as correct	 it must	 in any event	 yield to any contrary intention expressed in the statute	 and that the provisions of the Act afforded clear indication of such an intention. It is co intended that the legislature while providing in section 7 that the grounds should be communicated to the detenu "as soon as may be" has enacted that the report under section 3(3) should be sent "forth with"	 that the use of two different expressions in the two sections is a clear indication that they do not mean the same thing	 that as the words "as soon as may be" import that the act might be performed in a reasonable time	 the word "forthwith" which is more peremptory must be construed as excluding it. The decisions in Emperor vs Phuchai(1) and in K. U. Kulkarni vs Ganpat Teli(2) were quoted in support of the position that when two different expressions are used in different parts of the same clause or section	 they should be construed as used in different senses. We agree that "forthwith" in section 3(3) cannot mean the same thing as "as soon as may be" in section 7	 and that the former is more peremptory than the latter. The difference between the two expressions lies	 in our opinion	 in this that while under section 7 the time that is allowed to the authority to send the communication to the detenu is what is reasonably convenient	 under section 3(3) what is allowed is only the period during which he could not	 without any fault of his own	 send the report. Under section 7 the question is whether the time taken for communicating the grounds is reasonably requisite. Under section 3(3) it is whether the report has been sent at the earliest point of time possible	 and when there is an inter val of time between the date of the order and the date of the report	 what has to be con sidered is whether the delay in sending the report could have been avoided. (1) I.L.R. 50 All. 909: A.I.R. 1929 All. (2) I.L.R. [1942] Bom. 287: A.I.R. 1942 Bom. 661 It was contended that as section 7 required that the communication should be made not later than 5 days from the date of the order	 and as section 3(3) was more peremptory than section 7 in that it required that the report should be made forthwith	 the period allowable under section 3(3) could not exceed 5 days	 and that as in these cases the reports were sent 8 days later	 they could not be held to have been sent forthwith. This argument mixes up two different matters contained in section 7. The period of 5 days provided therein is an absolute one and is independent of the period which is permissible under the expression "as soon as may be"	 which must	 by its very nature	 be indefinite depending on the facts and circumstances of the case. It will be as erroneous to read 5 days into the period allowable under the expression "as soon as may be" as to read the 12 days within which the State has to approve the order under section 3(3) into the period which is allowable under the expression "forthwith". The result then is that the report sent by the Commissioner to the State on 21 1 1956 could be held to have been sent "forthwith" as required by section 3(3)	 only if the authority could satisfy us that	 in spite of all diligence	 it was not in a position to send the report during the period from 13th to 21st January 1956. We must now examine the facts from the above standpoint. The Commissioner of Police has filed an affidavit explaining why the reports were not sent till 21	st January 1956	 though the orders themselves had been made as early as 13th January 1956. Ever since the publication of the proposal to form a State of Maharashtra without the city of Bombay	 there 	had been considerable agitation for the establishment of a Samyuktha Maharashtra with the city of Bombay included in it. An action committee had been set up on 15 11 1955 for the purpose	 and there had been hartal and morchas resulting in outbursts of lawlessness and violence and in the burning of a police chowki. The final decision on the question was expected to be taken and announced in the middle of January 1956	 and the atmosphere was highly sur charged. It was in this situation that the Commis 662 sioner decided to take action under section 3(2) of the Act against the leading spirits of the movement	 and passed the present orders for detention against the petitioners on 13 1 1956. In his affidavit the Commissioner states that he decided first "to locate the persons against whom orders of detention were made by me on the 13th January 1956 and after having done so	 to arrest all of them simultaneously so that none of them may go underground or abscond or evade execution of the detention orders". Then the affidavit goes on to state: "It was not possible for me to send the report earlier as the situation in the City of Greater Bombay was tense	 pregnant with danger on the 13th January 1956	 and continued to be so till 16th January 1956	 and actual rioting occurred during that night and those riots continued till 22nd January 1956. I and my staff were kept extremely busy all throughout in maintaining law and order and simultaneously taking steps to round up miscreants. In this unusual and tense situation	 it was not possible to make a report earlier than the day on which it was made". We see no reason for not accepting these statements. What happened on the 16th and the following days are now matters of history. The great city of bombay was convulsed in disorders	 which are among the worst that this country has witnessed. The Bombay police had a most difficult task to perform in securing life and property	 and the authorities must have been working at high pressure in maintaining law and order. It is obvious that the Commissioner was not sleeping over the orders which he had passed or lounging supinely over them. The delay such as it is due	 to causes not of his making	 but to causes to which the activities of the petitioners very largely contributed. We have no hesitation in accepting the affidavit	 and we bold that the delay in sending the report could not have been avoided by the Commissioner and that when they were sent by him	 they were sent "forthwith" within the meaning of section 3(3) of the Act. 663 Mr. section C. Gupta put forward some special contentions on behalf of the petitioners in C.M.Ps. 109 and 110 of 1956. He contended that as the order originally made against the petitioner in C.M.P. No. 109 of 1956 was that he should be detained in Arthur Road Prison	 Bombay the subsequent order of the Commissioner by which he was detained in Nasik Prison was without jurisdiction. It is clear from the affidavit of the Commissioner that the petitioner was not ordered to be detained in Arthur Road Prison but in Nasik Road Central Prison	 and that he was kept temporarily in Arthur Road Prison	 pending arrangements to transport him to Nasik. It was next contended that the materials on which the orders of detention were made and set out in the communications addressed to the petitioners all related to their past activities	 and that they could not constitute grounds for detention in future. This contention is clearly unsound. What a person is likely to do in future can only be a matter of inference from various circumstances	 and his past record will be valuable	 and often the only	 record on which it could be made. It was finally contended that what was alleged against the petitioners was only that they advocated hartal	 and that was not a ground for making an order of detention. But the charge in these cases was that the petitioners instigated hartal bringing about a complete stoppage of work	 business and transport with a view to promote lawlessness and disorder	 and that is a ground on which an order could be made under section 3(2). All the contentions urged by the petitioners therefore fail	 and these petitions must be dismissed.

Section 3(3) of the 	 provides that when an order of detention is made by an officer mentioned in section 3(2) he shall forthwith report the fact to the State Government together with the grounds on which the order has been made. . and no such order. 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. On 13th January 1956 the Commissioner of Police	 Bombay	 passed orders under section 3(2) of the directing the detention of the petitioners and in pursuance thereof ' they were arrested on 16th January 1956 The grounds on which the orders were made were furnished to the petitioners on 20th January 1956 and the next day the Commissioner reported the fact of the order and the grounds therefor to the State Government which approved of the same on 23rd January 1956. The petitioners contested the validity of the detention on the ground that when the Commissioner passed the orders for detention on 13th January 1956 it was his duty under section 3(3) to report that fact forthwith to the State Government	 and as he did not do so until 21st January '1956 he had acted in contravention of the statute and that the detention was therefore illegal. It was found that the delay in sending the report could not have been avoided by the Commissioner and that it was due to causes to which the petitioners had very largely con tributed. Held	 that the word "forthwith" in section 3(3) of the 	 has not a fixed and an absolute meaning and it must be construed with reference to the object of the section and the circumstances of the case. It cannot mean the same thing as "as soon as may be" in section 7 of the Act and the former is more peremptory than the latter. The difference between the two . expressions lies in this that while under a. 7 the time that is allowed to the authority to send the communication to the detenu is what is reasonably convenient	 under section 3(3) what is allowed is only the 654 period during which he could not	 without any fault of his own	 send the report. An act which is to be done forthwith must be held to have been so done when it is done with all reasonable despatch and without avoidable delay. The Queen vs The Justices of Berkshire ([1878 79] 4 Q.B.D. 469)	 Hudson and others vs Hill and others ([1874] 43 L. J. C.P. 273)	 and Beg. vs Price	 ; 	 relied on.