S MOHAN KUMARAMANGALAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner herein who is & graduate of the University of Cambridge and a Barrister-at-law, applies to this Court under the provisions of Article 226 of the Constitution of India for the issue of a writ of habeas corpus directing the respondents to produce him before this Court :and set him at liberty forthwith.

(2.) According to the affidavit filed in support of the application it is stated that while he was residing permanently in "Baibhuvan", Sandhurst Road, Bombay, he was arrested on 24-6-1950 by the Bombay Police at Kishori Court, Worli Sea Pace, Bombay, where he and his wife had been invited to stay for a day. No warrant was shown to him at the time of his arrest. He was taken to the office of the Commissioner of Police, Bombay, where a detention order of the same date was served on him. On 27-6-1950 one Mr. H. S. Bhat, an advocate of the Bombay High Court, wrote a letter to the Commissioner of Police, Greater Bombay, stating that he had been instructed by the wife of the petitioner to move the High Court of Bombay about the arrest and detention of the petitioner and for that purpose he requested the Commissioner to send him the grounds of detention immediately. It is stated that the Commissioner of Bombay did not supply the advocate with any grounds of detention. On 5-7-1950, the Government of Bombay, Home Department, Bombay Special, sent a telegram to the Government of Madras, which reads as follows :

(3.) An application under Section 491, Criminal P. C., which had been filed in the Bombay High Court on 7-7-1950 came up for hearing on 12-7-1950 before Dixit and Chainani JJ. who made the following order :