LAWRENCE JOACHIM JOSEPH DSOUZA Vs. STATE OF BOMBAY

JUDGEMENT

(1.) This is an appeal by special leave against the judgment of the High Court of Bombay dismissing an application made to it under Art. 226 of the Constitution. These proceedings relate to the validity of an order of detention passed by the Government of Bombay on 8-6-1955, against the appellant before us, who is an Advocate of the High Court of Bombay having a standing of about thirty years. He was in the Indian Air Force as an emergency Commissioned Officer between 1943 to 1948 and thereafter on extension for another four years until he attained the age of 55.

(2.) The challenge to the validity of the order based on the attack of mala fides and non-application of the mind of the detaining authority, have been urged before us with great insistence. We have been taken elaborately into what is claimed to be the relevant previous background of events. This part of the arguments raises, what ultimately are questions of facts which have been fully considered by the High Court. It is, therefore enough to State, in its broad outlines, the background, which is alleged as follows :

(3.) The appellant's counsel strongly urged that the bona fides of the detaining authority is to be judged with reference to the above background of events and that viewed in that light the vagueness of the grounds and the belated claim of privileges under Art. 22(6) of the Constitution strengthen his contention. He also relied on what are urged as being certain discrepancies in the affidavits of the Under-Secretary and the Chief Secretary filed in the High Court in these proceedings.