STATE OF BOMBAY Vs. PURUSHOTTAM JOG NAIK

JUDGEMENT

(1.) THIS is an appeal from an order of the Bombay High Court directing the release of the respondent who had been detained under Section 3 of the Preventive Detention Act of 1950.

(2.) THE learned Attorney -General states at the outset that Government does not want to re -arrest the respondent but merely desires to test the High Court's decision on certain points which will have far -reaching effects on preventive detentions in the State of Bombay. Following the precedent of their Lordships of the Privy Council in King -Emperor v. Vimlabai Deshpande [1946] Nag. 651 : 48 Bom. L.R. 423, we proceed to decide the appeal, but direct that the respondent shall not in any event be re -arrested in respect of the matters to which the appeal relates.

(3.) IN the respondent's case the order was in these terms: Whereas the Government of Bombay is satisfied with respect to the person known as Shri Purushottam Jog Naik of Ulga village, Taluka Karwar, District Kanara, that with a view to preventing him from acting in a manner prejudicial to the maintenance of public order, it is necessary to make the following order: Now, therefore, in exercise of the powers conferred by sub -s. (1) Section 3 of the Prte -ventive Detention Act, 1950 (No. IV of 1950), the Government of Bombay is pleased to direct that the said Shri Purushottam Jog Naik be detained. By order of the Governor of Bombay, Sd./. -V. T. Dehejia, Secretary to the Government of Bombay, Home Department. Dated at Bombay Castle, this 17th day of July 1950.