STATE OF MADRAS Vs. C G MENONN

JUDGEMENT

(1.) This is an appeal on a certificate under Article 132 (1) of the Constitution against the judgment of the High Court of Judicature at Madras dated the 20th February 1953, holding that section 14 of the Fugitive Offenders Act, 1881, is void as it offends against the provisions of the Constitution being discriminatory in its effect.

(2.) The respondents, husband and wife, were apprehended and produced before the Chief Presidency Magistrate, Egmore, Madras, pursuant to warrants of arrest under the provisions of the Fugitive Offenders Act, 1881. Mr. Menon is a barrister-at-law, and was practising as an advocate and solicitor in the colony of Singapore. Mrs. Menon is an advocate of the Madras High Court and was until recently a member of the Legislative Council of the Colony of Singapore. Both of them came to India some time after July 1952. On the 22nd August 1952 the Government of Madras forwarded to the Chief Presidency Magistrate, Madras, copies of communications that passed between the Government of India and the Colonial Secretary of Singapore requesting the assistance of the Government of India to arrest and return of the Colony to Singapore the Menons under warrants issued by the Third Police Magistrate of Singapore. Mr. Menon was charged on several counts of having committed criminal breach of trust and Mrs. Menon was charged with the abetment of these offences.

(3.) The Menons when produced before the Presidency Magistrate, questioned the validity of their arrest. They pleaded their innocence and contended that being citizens of India, they could not be surrendered at the warrants related to matters of a civil nature and had been given the colour of criminal offences merely for the purpose of harassing them out of political animosity and with a view to prejudice the court against them and were issued in bad faith. It was further urged that the provisions of the Fugitive Offenders Act under which action was sought to be taken against them were repugnant to the Constitution of India and were void and unenforceable.