VENKATESWARALOO Vs. SUPDT CENTRAL JAIL HYDERABAD STATE

JUDGEMENT

(1.) This petition and four others, viz. Nos. 350, 356, 362 and 366 of 1952, raise a question regarding the construction of S. 11-A, inserted in Act 4 of 1950 by the Preventive Detention (Second Amendment) Act, 61 of 1952.

(2.) Act 4 of 1950, as it originally stood, was to expire on 1-4-1951, but in that year an amending Act was passed which, among other things, prolonged its life till 1-4-1952. A fresh Act was passed in 1952 (Act 34 of 1952) called the Preventive Detention (Amendment) Act, 1952. The effect of this Act was to prolong the life of the Act of 1950 for further six months, viz., till 1-10-1952. On 22-8-1952, an Act further to amend the Preventive Detention Act, 1950, called the Preventive Detention (Second Amendment) Act, 61 of 1952, received the assent of the President, by which the life of the Act was extended till 31-12-1954. It was to come into force on a date appointed by the Central Government. By a notification dated 15-9-1952, the Central Government appointed 30-9-1952 as the date when the new Act was to come into force.

(3.) The petitioner was served with an order of detention on 20-10-1951. The grounds of detention were furnished to him on 1-11-1951. His case was referred to the Advisory Board on 24-11-1951. The Advisory Board submitted its report on 13-12-1951. The appropriate Government confirmed the detention on 21-1-1952. It specified 31-3-1952 as the date up to which the detention was to continue. On 29-3-1952 the petitioner's detention was extended till 30-9-1952 and on 22-9-1952 his detention was again extended till 31-12-1952. In the other petitions also, the last order of extension was made on 22-9-1952 extending the detention till 31-12-1952. But for this extension the detentions could not continue beyond 30-9-1952 except by use of the powers under the new Act.