MAGANLAL JIVABHAI PATEL Vs. GOVERNMENT OF BOMBAY

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution of India, in which the order of detention passed by the District Magistrate, Ahmedabad, on 29.3.1950, and served on the petitioner on 14.6.1950, and confirmed by the Government of Bombay on 16.5.1951, on the report of the Advisory Board, is sought to be challenged.

(2.) THE petitioner was arrested on 14.6.1950, in pursuance of an order of detention which was passed against him by the District Magistrate of Ahmedabad on 29.3.1950. The grounds of detention were furnished to the petitioner by the District Magistrate on 19.6.1950. In criminal Application. No. 951 of 1950, which also was made under Article 228 of the Constitution of India, this order of detention was challenged by the petitioner. But that application was rejected by this Court on 10.10.1950. Thereafter the petitioner filed an application for habeas corpus before the Supreme Court of India under Article 32 of the Constitution and that application also was dismissed after hearing on 10.10.1951. It was thereafter that the present application was filed by the petitioner on 14.12.1951.

(3.) NOW , the first ground advanced before us by Mr. Sule for the petitioner for challenging the order of detention is that on 20.6.1950, the applicant was transferred from the Navrangapura Police Lock -up, where he was under detention, to Baroda, a place outside the jurisdiction of the District Magistrate, Ahmedabad, without any proper order being passed in the matter of the transfer. It is contended that as there was no valid order for the transfer of the detenu from Ahmedabad to Baroda, the continued detention of the detenu (petitioner) from that date onward was illegal. It is to be remembered that this point was not pressed either before this Court in criminal Application No. 951 of 1950 or before the Supreme Court and therefore obviously the petitioner could not be permitted now to press it before us in this application.