H P SINGH Vs. THAKUR PRASAD TEWARI

JUDGEMENT

(1.) This appeal has been preferred by the appellant after obtaining special leave to appeal from the Privy Council against the judgment of the High Court of Judicature at Patna in a contempt proceeding.

(2.) It appears that one Ramrajib Singh was detained under the Bihar Maintenance of Public Order Act, 1947, in pursuance of an order issued by the Provincial Government on 19-2-1948. He applied to the High Court at Patna under S. 491, Criminal P. C., and, on 30-7-1948, the High Court directed him to be "released forthwith." The very same day, a copy of the High Court's order was forwarded to the District Magistrate, Bhagalpur , for information and necessary action, and it reached the District Magistrate's office on 31-7-1948. Ramrajib Singh was not however released until 8-8-1948. On 21st September, he filed in the High Court an application for taking action for contempt of Court against the Province of Bihar, the District Magistrate, Bhagalpur, and the Superintendent, Central Jail, Bhagalpur, and the High Court, directed a rule to be issued.

(3.) They ultimately discharged the rule against the appellant with these observations; "Our finding is that, though the District Magistrate of Bhagalpur has been in contempt with regard to Ramrajib Singh, we should discharge the rule against him after accepting his unqualified apology."