E.P.T. VALYUDAM Vs. STATE

JUDGEMENT

(1.) THESE are petitions under Section 491, Criminal P. C., by the various petitioners herein praying that directions in the nature of habeas corpus to be issued to the superintendent of the respective jails in which they are confined to produce them before this Court so that they might be set at liberty. In all these cases the petitioners are detained under the provisions of Madras Maintenance of Public Order Act, 1947 (Act I [1] of 1947) as amended by the Madras Maintenance of Public Order (Amendment) Act, 1948 (Act XVII [17] of 1948). Madras Act I [1] of 1947 was to remain in force for a period of one year from 12th March 1947 and there was a provision therein that the Provincial Government may, from time to time, by notification in the Fort St. George Gazette, extend the continuance of the Act for a further period or periods not exceeding one year in the aggregate. In accordance with that provision contained in Section 1 (4) of Act I [1] of 1947, the Provincial Government extended the operation of the Act by notification. Later on, by Act XVII [17] of 1948, an amendment was made to Section 1 (4) of Act I [1] of 1947, by which for the words 'for the further period or periods not exceeding one year in the aggregate', the words 'for a further period or periods not exceeding three years in the aggregate', were substituted While matters were in this state, the Governor of Madras, acting under Section 88(1), Government of India Act, 1935, promulgated Ordinance I [1] of 1949 on 11th August 1949 with the object of the removal of doubts regarding the validity of the continuance of Madras Act I [1] of 1947. By this Ordinance certain new provisions were introduced, viz., Section 3 (a) by which it was declared that the validity of the Madras Maintenance of Public Order (Amendment) Ordinance, 1948 (Ordinance II [2] of 1948) and Madras Act XVII [17] of 1948, shall not be questioned on the ground that the Act amended thereby was not in force at the time when the Amending Act was enacted or the Amending Ordinance was promulgated. Section 3 (b) reads as follows:

(2.) SUBSEQUENT to the decision in In re Veerabhadrayya : AIR1950Mad243 , on 16th October 1949, the Governor of Madras promulgated ordinance No. IV [4] of 1949 whereby the Madras Act I [1] of 1947, as amended by Madras Act XVII [17] of 1948, with the additional sections inserted by ordinance I [1] of 1949, was re -enacted with some additions as well. Section 1 (3) of the Ordinance lays down that it shall be deemed to have come into force on and from 12th March 1948, and therefore the operation of the Ordinance has been specifically made retrospective from the day on which Madras Act I [1] of 1947 expired. Section 4 -A of the Ordinance is, in the language the same as Section 4 -A of ordinance I [1] of 1949 and is practically ad idem. Section 19 of the Ordinance is much wider in its scope and amplitude than the same section in Act I [1] of 1947 and it reads as follows:

(3.) IT will be convenient to trace in brief the history of legislation by an Ordinance at least from the time of the passing of the Government of India Act, 1915, as amended by the Government of India Act, 1919, 9 and 10. Geo. V, ch. 101. Section 72, Government of India Act, 1915, wherein for the words' 'Governor -General in Legislative Council' the words 'Indian Legislature' were substituted by the Act of 1919, reads as follows :