EMPEROR Vs. SIBNATH BANERJI

JUDGEMENT

(1.) 1. This appeal is brought by leave of the Federal Court of India, from a judgment of that Court (Spens C. J. , Varadachariar and Zafrulla Khan JJ.) dated August 31, 1943, dismissing eight appeals by the Crown against orders and judgments of a divisional bench of three Judges (Mitter and Sen JJ. , Khundkar J. , dissenting) of the High Court of Judicature at Fort William in Bengal, dated June 3, 1943.

(2.) THE orders and judgments of the High Court were made upon applications under Section 491 of the Criminal Procedure Code, 1898, for directions in the nature of habeas corpus on behalf of nine persons, detained in various jails in pursuance of orders made under Rule 26 of the Defence of India Rules, 1939, on various dates from October 24, 1940, to March 8, 1943. THEse orders and judgments directed the release of the applicants. Of the nine original applicants eight are called as respondents in the present appeal, but their Lordships were informed that two of the respondents had been released, namely, Narendra Nath Sen Gupta, respondent No.4, on a date before the judgment of the Federal Court, and Bijoy Singh Nahar, respondent No.2, after the judgment of the Federal Court. THE remaining six respondents, with whom this appeal is now concerned, are under detention by virtue of orders made under Bengal Regulation III of 1818.

(3.) THEIR Lordships have come to the conclusion that, in view of the special terms of Section 205, the appeals in the present case were competent.