LAWS(SC)-1956-9-8

KESHAV NILKANTH JOGLEKAR KESHAV LAXMAN DESAI KRISHNA GANGARAM DESAI NANA RAMJEE PATIL GANGARAM LAXMAN REDDY GULAB RAO BHANRAO GANGACHARYA PRAHLAD KRISHNA KURANE Vs. COMMISSIONER OF POLICE GREATER BOMBAY:COMMISSIONER OF POLICE GREATER BOMBAY:COMMISSIONER OF POLICE GREATER BOMBAY:COMMISSIONER OF POLICE GREATER BOMBAY:COMMISSIONER OF POLICE GREATER

Decided On September 17, 1956
KESHAV NILKANTH JOGLEKAR Appellant
V/S
COMMISSIONER OF POLICE, GREATER BOMBAY Respondents

JUDGEMENT

(1.) These are petitions filed under Art. 32 of the Constitution for the issue of writs in the nature of habeas corpus. They arise on the same facts and raise the same questions.

(2.) On 13-1-1956 the Commissioner of Police, Bombay, passed orders under S.3(2), Preventive Detention Act, 4 of 1950 (hereinafter referred to as the Act), directing the detention of the present Petitioners, and pursuant thereto, they were actually arrested on 16- 1-1956. The grounds on which the orders were made were formulated on 19-1-1956, and communicated to the petitioners the next day. On 21-1-1956 the Commr. reported the fact of the order and the grounds therefor to the State Government, which approved of the same on 23-1-1956.

(3.) The Contention of the petitioners before us is that when the Commr. passed the orders for detention on 13-1-1956, it was his duty under S. 3(3) to report that fact forthwith to the State Govt., and as he did not do so until 21-1-1956, he had acted in contravention of the statute, and that the detention was therefore illegal. That raises the question as to what "forthwith" in S.3(3) of the Act signifies, and whether on the facts the report was made "forthwith", within the meaning of that word in that sub-section.