GIAN PARKASH GUPTA Vs. STATE

JUDGEMENT

(1.) THIS order may be read in continuation of my order dated 9th April, 1964. The petitioner is confined in Central Jail, Tehar, under the Defence of India Rules since October, 1963. He had been sent to that jail on 22nd August, 1963 to serve out a sentence of four months' imprisonment imposed by the learned Sessions Judge, Delhi, under section 324, Indian Penal Code. While he was still under -going imprisonment for the said offence, he was served by the District Magistrate in October, 1963, with an order under the Defence of India Rules and on the expiry of his sentence under section 324, Indian Penal Code, on 4th December, 1963, he was kept in custody in the said jail under the Defence of India Rules.

(2.) THE learned District Magistrate, Shri S.G. Bose Mullick, has in the return stated that the order under Rule 30 of the Defence of India Rules was passed by him on 18th October, 1863 and this order was also reviewed by the Administrator, Union Territory, Delhi. Service of this order was effected on the petitioner in jail on 26th November, 1963. It has been admitted by the District Magistrate that the petitioner was undergoing imprisonment under section 324, Indian Penal Code from 22nd August, 1963 and sentence was to expire on 22nd December, 1963.

(3.) QUESTION regarding the liberty of the subject is of paramount Importance in our Republic; it is a matter on which our law is anxiously careful and which the Indian Republican Judges are keen to uphold.