GEORGE FERNANDES Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THOUGH these two petitions under Article 226 of the Constitution have been wrongly registered as Criminal Applications, and in one of them (Criminal Application No. 43 of 1963) it is also shown in brackets that they are in the matter of habeas corpus, this is entirely incorrect. The petitions ought to have been registered as Special Civil Applications under Article 226 of the Constitution under which provision they have been made by the respective petitioners. They have been dealt with accordingly.

(2.) THE petitioner in Criminal Application No. 43 of 1963 is Shri George Fernandes, at present detained in the Nagpur Central Prison. Shri A.B. Bardhan has also been detained in the Nagpur Central Prison. It is from that prison that these two petitions have been forwarded to this Court through the Superintendent of the Jail.

(3.) SHRI Bardhan has been detained on the basis of an order dated November 7, 1962, initially passed about his detention. Thereafter there was a fresh order of detention passed by the District Magistrate, Nagpur, on November 11, 1962, under Rule 30 of the Defence of India Rules and the petitioner Shri Bardhan has been detained in the Nagpur Central Prison since November 7, 1962. He was released by an order of this Court on August 29, 1963, but was immediately rearrested on the same date and has been detained under orders of the State Government from that date in the prison at Nagpur.