V.S. SUNDARAM Vs. LAISRAM ACHOU SINGH

JUDGEMENT

(1.) THIS is an application on behalf of Sri V. S. Sundaram, District Magistrate, Manipur and Sri T.C. Tiankham, Superintendent Imphal Jail, for obtaining leave for filing an appeal to the Honourable Supreme Court under Article 134(1)(c) of the Constitution of India, against the order of this Court passed in Criminal Misc. Appln. No. 6 of 1955, dated 31 -8 -1955, by which petitioner 1 was fined Rs. 50/ - and petitioner 2 was given a warning for committing contempt of Court under Section 5, Contempt of Courts Act, 1952.

(2.) THE petitioners were convicted under Section 5, Contempt of Courts Act, 1952, by this Court on the application of the opposite party on the ground that the petitioners sought to discredit this Court in the eyes of the public by re -arresting the opposite party on 26 -4 -1955 immediately after he was released and taken to the outer gate of the Jail, in accordance with the order of this Court passed on the same date in Habeas Corpus Petition No. 5 of 1955.

(3.) THE petitioners now want leave for filing an appeal to the Honourable Supreme Court and it has been urged by the learned Government Advocate that as the arrest and detention of the opposite party were under the Preventive Detention Act and this Court could not properly look to the grounds of detention, the necessary leave of filing an appeal to the Supreme Court should be allowed.