DABHI HARISINH LAXMANJI Vs. STATE

JUDGEMENT

(1.) THIS is an application for a writ of Habeas Corpus under Section 491 (1) (b), Criminal P. C. The applicant was detained by an order of the District Magistrate, Madhya Saurashtra f District, passed under Subsection (2) of Section 3 read with Sub-section (1) (a) (ii) of the said Section of the Preventive Detention Act, 1950. The order was passed on 4. 8. 1951; the applicant was arrested on 18. 8. 1951 and since then ho has been in detention. Grounds dated 18. 8. 1951 of his detention were thereafter supplied to him. On 6. 9. l951, the papers relating to his detention including the grounds on which r the order was made were forwarded to the Advisory Board constituted under Section 8 of the Act as required by Section 9, On 25. 9. 1951, further information called for by the Board was supplied to it. Thereafter the present application was filed in this Court on 19. 10. 1951 and a representation was, at the same time, made to the Government by the applicant against the order of his detention, which was forwarded to the Board on 23. 10. 1951. These facts are not in dispute and it is now also admitted that till the present date the Advisory Board has not submitted its report to the Government as enjoined by Section 10 of the Act. Consequently, the Government has not as yet passed any order under Section 11 either confirming the detention order and continuing the detention of the applicant or revoking it and ordering his release.

(2.) THE detenu has been produced before the Court and we have to consider whether his present detention is proper and legal. A preliminary objection arises whether in view of the failure of the Advisory Board in submitting its report as required by 3. 10 and the consequent failure of the Government to pass orders under Section 11, the detention of the applicant is legal.

(3.) ARTICLE 22 (4), Constitution of India lays down: