STATE OF UTTAR PRADESH Vs. JAIRAM

JUDGEMENT

(1.) Heard counsel. Special leave granted.

(2.) The respondents, who are detained under the provisions of the "Prevention of blackmarketing and Maintenance of Essential Commodities Act, 1930 filed Habeas Corpus petitions in the High Court of Allahabad challenging the orders of detention passed against them. Those petitions were almost fully heard by a Division Bench on Oct, 19 and 22, 1981. The learned Judges, however, released the writ petitions from their list since the Court. had Diwali holidays from October 24 until November 2, 1981 and they were not likely to be available, perhaps as a Bench, for concluding the hearing of the writ petitions.

(3.) Another Division Bench took up the Writ Petitions for hearing on October 23 but they adjourned the petitions until the reopening of the Court on November 3, Soon after the Division Bench rose, counsel for the respondents approached a learned single Judge after Court hours and applied for bail. It appears that the Deputy Government Advocate was available. He was sent for and after hearing both the sides, the learned Judge granted bail to the respondents on the ground that the State Government had erred in forwarding the respondents' representation to the Advisory Board without considering them for itself.