TARUN SEN DEKA Vs. GOVERNMENT OF ASSAM

JUDGEMENT

(1.) WE have before us for our consideration petitions of U detenus made under the provisions of Section 491, Criminal P. C. Of these detenues Fazal Rahman, Jyotirmoy Chakravarty, Nurul Shekh, and Bipin Chakravarty have been released by the Provincial Government and we are not invited to give out decision in regard to their detention.

(2.) AGAINST the petitioners, Tarun Sen Deka, Mohanlal Mukherjee, Bipin Dalai, Kamini Sarma, Arbindo Ghosh, Nirendra Lahiri, Upendra Chandra Das, Mohibuddin Musi fresh orders for their detention have been passed after they had been released and in view of our order passed in Nirendra Mohan v. Government of Assam, Criminal Mis. case No. 15 of 1948 on 19th November , A.I.R. 1949 Gau 87 their detention must be held to be legal and the validity of the period of their detention has not been questioned in view of Section 3, Assam Maintenance of Public Order Act (Act V [5] of 1947), 1947.

(3.) IT appears that on 21st May 1948, the District Magistrate of Goalpara Mr. K. C. Barua, passed the following orders against the petitioners Bijoy Kumar Das and Sukhomoy Chakravarty;