C P MATTHEN Vs. DISTRICT MAGISTRATE OF TRIVANDRUM

JUDGEMENT

(1.) THIS is an appeal from (1) a judgment of the full bench of the High Court of Madras, dated November 4, 1938, in Criminal Miscellaneous Petition No.1,003 of 1938, which, on a reference by a division bench of the same Court, held that the orders of Pandrang Row J. , a single Judge of the Court, on an application for writ of habeas corpus and relative applications, and dated October 21, 24, and 26, 1938, made in Criminal Miscellaneous Petitions Nos. 986, 990 and 985 of 1938 respectively, were null and void, (2) a judgment and order of the said division bench, dated November 7, 1938, made in petition No.1,003 in implement of the above judgment, and ( 3 ) a judgment and order of the said division bench, dated November 7, 1938, made in petition No.985, dismissing the application for a writ of habeas corpus.

(2.) THE appellants challenge the validity of certain warrants issued by the Resident for the Madras States under Section 7 of the Indian Extradition Act (XV of 1903 ) to the Chief Presidency Magistrate of Madras, under which they were arrested, and they ask to be discharged. THE course of procedure which has been followed has raised important questions as to the jurisdiction of the High Court of Madras to issue a writ of habeas corpus in the present case, and as to the competency of a single Judge of the High Court to issue such a writ or the analogous writ under Section 491 of the Code of Criminal Procedure (Act V of 1898 ).

(3.) THE appellants had meanwhile been produced before the Chief Presidency Magistrate, and made an application for a reference to the Local Government under Section 8 (a) of the Indian Extradition Act. While this application was in course of being heard, the order passed by Pandrang Row J. was produced and the Magistrate thereupon remanded the appellants to custody.