KRISHNAJI GOPAL BRAHME Vs. STATE

JUDGEMENT

(1.) THIS is an application in the nature of habeas corpus under Section 491 of the Criminal Procedure Code for the release of the petitioner, Krishnaji Gopiil Brahme, who has teen kept under detention by an order of the District Magistrate of East Khandesh dated August 5,1947. The order was made in exercise of the powers delegated to him under Section 21 of the Bombay Public Security Measures Act, 1947. Under that section: The provincial Government may by order direct that any power or duty, which is conferred or imposed on the Provincial Government, shall in such circumstances and under such conditions, if any, as may be specified in the order, be exercised or discharged by any officer or authority subordinate to it, not lower in rank than a Deputy Commissioner of Police in Greater Bombay, or the District Magistrate, or Additional District Magistrate elsewhere.

(2.) THE order of delegation is in these terms and is dated April 26, 1947: In the exercise of the powers conferred by Section 21 of the Bombay Public Security Measures Act, 1947, (Bombay Act VI of 1947), the Government of Bombay is pleased to direct that the powers conferred and duties imposed on it by Sub-sections (1), (2) and (4) of Section 2 and by Sections 3 and 4 of the said Act shall also be exercised and discharged within their respective jurisdictions by the Commissioner of Politic, Bombay, in Greater Bombay and District Magistrates and the Additional District Magistrates elsewhere.

(3.) UNDER Section 3 of the Act, where an order is made in respect of any person under Clause (a) of Sub-section (1) of Section 2, the Provincial Government shall, as soon as may be, communicate to the person affected by the order the grounds on which the order has been made without disclosing facts which it considers against the public interest to disclose, and such other particulars as are in its opinion sufficient to enable him to make a representation to the Provincial Government against the order and inform him of his right to make such representation and afford him the earliest opportunity of doing so.