G NARAYANASWAMI NAIDU Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) WHEREAS I have reasonable cause to believe Jack Periz -weig alias Robert Liversidge to be a person of hostile associations and that by reason thereof it is necessary to exercise control over him: Now, therefore, I, in pursuance of the power conferred on me by Reg. 18B, Defence (General) Regulations, 1939, hereby make the following order: I direct that the abovementioned Jacts Perizweig alias Robert Liversidge be detained. (Signed) John Anderson, One of His Majesty's Principal Secretaries of State.

(2.) BEYOND the production of this order, the Secretary of State who made the order did not make an affidavit in the action. It was contended inter alia, that the mere production of an order signed by the Secretary of State was not a sufficient prima facie defence and the onus lay on the respondent to give evidence at the trial to prove that Sir John Anderson had reasonable grounds for the belief recited in the order. Via -count Maugham sums up his conclusion thus:

(3.) IN support of this conclusion, the learned Lord relies on four circumstances First, that it was a matter for executive discretion and the possibility of the action of the Secretary of State being subject to the discussion, criticism and control of a judge in a Court of law could not have been contemplated: Secondly, that the Home Secretary could act on hearsay and was not required to obtain any legal evidence and therefore the Home Secretary was not acting judicially in such a case: Thirdly, that in many cases he will be acting on information of a most confidential character which could not be communicated to the person detained or disclosed in Court witheut the greatest risk of prejudicing the future efforts of the Secretary of State in this and like matters for the defence of the realm: and Fourthly, that the person who is primarily entrusted with the duties under the Regulation is one of the Principal Secretaries of State and a member of the Government answer - able to Parliament for the proper discharge of his duties.