TILAK RAJ Vs. REX

JUDGEMENT

(1.) This is an application under Section 491, Criminal P. C., by 37 persons who have been ordered to be detained by the District Magistrate of Muzaffarnagar under U. P. Act (IV [4] of 1947). Ten of them namely Sheetal Prasad, Maheah Dutt, Bali Earn, Uttam Singh, Daya Bam, Birbal Singh, Amir Singh, Bhanwar Singh, 0m Prakash and Eama however have been released. Their application has, therefore, become infructuous and is hereby dismissed. I proposed to deal with the application of the remaining 27.

(2.) The case of one of these 27, however, namely Ramgopal is slightly different from the case of the remaining 26. I shall first consider the general argument which has been advanced on behalf of 26 of the applicants and then deal separately with the case of Ramgopal.

(3.) These 26 applicants were originally ordered to be detained on 6th February 1948 or within a few days thereafter for a period of three months. They were taken to the jail at Muzaffarnagar, A few days later they were transferred to the Central Jail at Agra where they have been detained ever since. When the first three months' period was about to expire the District Magistrate of Muzaffarnagar passed another order on 2nd May 1948 for the further detention of these 26 applioants for a period of three months. These applicants are therefore now detained in the Central Jail at Agra under this order extending the previous order.