RANA BIRPAL SINGH Vs. STATE

JUDGEMENT

(1.) THIS is an application under Section 491 of the Code of Criminal Procedure 1898, made on behalf of Rana Birpal Singh who is now under detention in the Central Mental Hospital, Yeravda. Birpal Singh was the Ruler of Bhajji, one of the Simla Hill States, for a number of years up to the year 1940, and it is claimed that thereafter he continued He jure to be the Ruler of that State. In September 1940 he was detained in the Ripon Hospital, Simla, under warrant bearing the signature of an Additional Secretary to the Government of India, issued under the Bengal State Prisoners Regulation, 1818. Since that time he has remained under detention. In the year 1941 he was removed from Simla to the Mental Hospital at Lahore under a further warrant issued under the same Regulation, and in that year an Ordinance was promulgated to remove doubts as to the validity of the detention in Mental Hospitals of persons on warrants issued under the Bengal State Prisoners Regulation. In the year 1943 a habeas corpus application was preferred to the Lahore High Court by or on behalf of Birpal Singh, but the High Court and the Federal Court in appeal declined to interfere. In consequence of certain observations made by the Lahore High Court as to the desirability of transferring Birpal Singh to a more congenial climate, he was transferred to the Central Mental Hospital, Yeravda, by warrant dated January 21, 1946, also under the Bengal State Prisoners Regulation, 1818, and addressed to the Superintendent of that Hospital. Since then he has remained there, and his present detention is claimed on behalf of the Government to be justified by the warrant of January 21, 1946. We understand that prior to August 15, 1947, two applications were preferred to this Court by Birpal Singh himself which were summarily rejected.

(2.) IT is now urged on behalf of Birpal Singh that by reason of the constitutional changes which took place in August 1947 the warrant under which he is being detained has ceased to have effect and that his detention is now illegal.

(3.) SECTION 2 sets out that the detention, or personal restraint as it is termed, shall be by warrant of commitment issued by the Government to the officer in whose custody such person is to be placed, and provides that the warrant shall be in one of the forms, set out in the Appendix to this Regulation, which is appropriate to the case. Two forms of warrant are set out in the Appendix. The first reads as follows: Forms of commitment for reasons connected with defence, external affairs, or the discharge of the functions of the Crown in its relations with Indian States. To the (here insert the officer's designation ). Whereas the (Governor-General in Council) (Governor-General) (omit the inappropriate words) for good and sufficient reasons being reasons connected with (defence, external affairs, and the discharge of the functions of the Crown in its relations with Indian States) (omit any inappropriate words) has seen fit to determine that (here insert the State prisoner's name) shall be placed under personal restraint at (here insert the name of the place) you are hereby required and commanded in pursuance of that determination to receive the person above named into your custody and to deal with him in accordance with the orders of the Government and the provisions of the Bengal State Prisoners Regulation, 1818. The second form of warrant is to be used when the "good and sufficient reasons'' are reasons connected with the maintenance of the public order, and issue of this form of warrant could also be made by or under the order of the Governor of a Province.