LAWS(BOM)-1950-2-10

TRIMBAK SHIVRUDRA Vs. STATE OF MAHARASHTRA

Decided On February 13, 1950
TRIMBAK SHIVRUDRA Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THIS order will govern the decisions of Miscellaneous Criminal cases No. 18b, 209 and 229 of 1949 and 6 of 1960 also. In all these cases, orders in the nature of habeas corpus are sought Under Section 491, Criminal P. C. in respect of persons detained in different jails Under section a (1), Central Provinces and Berar Public Safety Act, 1948 (LXil [62] of 1948, by order of the former Provincial Government.

(2.) A preliminary point is raised before us to the effect that consequent on the inauguration of the Republic on 26th January 19j0, the Public Safety Act has become void as it is a law which is inconsistent with the provisions of Article 23 of the Constitution and that a writ of haleas corpus should be issued under Air. 226 of the Constitution in respect of each of the detenus.

(3.) ON behalf of the State Government it is argued that under Article 373 of the Constitution the President is clothed with the power of issuing an order for the continuance of detention of and person who is already under preventive deten - tion and that as such an order has in fact been passed by the President, the contention must fail. In support of what he said the learned Advocate General produced a typed copy of the order which is purported to have been passed by the President on 26th January 1950