LAKHI NARAYAN DAS Vs. THE PROVINCE OF BIHAR

JUDGEMENT

(1.) THESE sixteen appeals arise out of as many applications presented by the different appellants under section 491 of the Criminal Procedure Code, complaining of illegal detention under section 2 (1) (a) of the Bihar Maintenance of Public Order Ordinance, 1949.

(2.) THE appellants were originally arrested under the Bihar Maintenance of Public Order Act, 1947. That Act, which received the assent of the Governor -General on 15th of March, 1947, was to remain operative under section 1 (3) of the Act for a period of one year only from the date of its commencement, subject to a proviso engrafted upon the sub - section itself, which empowered the Provisional Government to extend it, with or without modifications, for a further period of one year, by means of a notification, on a resolution being passed to that effect by the Bihar Legislative Assembly and agreed to by the Bihar Legislative Council. On the 11th of March, 1948, the Provincial Government of Bihar, in exercise of their powers under the proviso mentioned above, extended the application of the Act for a further period of one year from 15th March, 1948, and it was during this extended period that the orders for arrest and detention against the appellants were initially made.

(3.) WHEN the appeals were called on for hearing, the appellants appeared in person and were not represented by any lawyer. Mr. Umrigar, a learned Counsel of this court, however volunteered to assist us in this matter and he has said all that could be said in favour of the appellants. We are indebted to him for the assistance we received.