NIRENDRA MOHAN LAHIRI Vs. GOVERNMENT OF ASSAM

JUDGEMENT

(1.) THIS Rule was issued under the provisions of 8. 491, Criminal P. O. at the instance of a number of persons detained in the District Jail at Jorhat. The material facts are these:

(2.) THE petitioners were arrested on 22nd May 1948 and placed in custody. On 6th June 1948, the Deputy Commissioner, under the provisions of 8. 2 (2). Maintenance of Public Order Act, 1947, directed that they be detained for a period of two months. On July 20th, the Government of Assam passed an order directing that the period of detention be extended. Towards the end of July, this Court delivered judgment in the case of Chyne v. The Government of Assam, and held that the Government had no power to extend the period of detention in such a manner. There, after on 9th August 1948 the present petitioners moved this Court contending that their further detention under the orders of Government, dated 20th July 1948, was illegal. A Rule was accordingly issued on the Chief Secretary to the Government of Assam and on the Superintendent of Jorhat Jail to show cause why the petitioners should not be set at liberty.

(3.) ACCORDINGLY , on 16th August 1948, the petitioners were told that they were released under orders of Government, and were immediately rearrested under the new orders within the very jail compound. It is contended that their detention under the new orders is illegal and that they are entitled to be set at liberty.