VIR SINGH BUTA SINGH Vs. CROWN

JUDGEMENT

(1.) THIS is an application Under Section 491 Criminal P. C. , for the release from custody of one Gajjan Singh, a resident of the Perozepore district.

(2.) GAJJAN Singh was arrested under the provisions of Section 3, Punjab Public Safety Act. 1947 on 5th April 1949, and on 23rd July his brother Vir Singh put in the present application under Section 491, Criminal P. C. The principal ground which has been taken in support of the application is that although several months have elapsed since the Punjab Public Safety Act. 1949 was enacted, the District Magistrate has not cared to comply with the provisions of Sub-sections (4) and (5) of Section 3 of the said Act.

(3.) THESE Sub-sections are in the following terms: (4) No person shall, unless the Provincial Government by special order otherwise directs, be detained in custody for a period exceeding one month. The Provincial Government shall as soon as may be and ordinarily not more than two months after the date when be has been taken into custody refer the case of such person to as Advisory Tribunal to be constituted by it, (5) As soon as may be, after a person is detained in imposes of an 'order made under sub-3. (1) the authority making the order may communicate to him, so far as such communication can be made without disclosing facts which it considers against the public interest to disclose, the grounds -on which the order has been made and such other particulars as are in its opinion sufficient to enable him to make a representation to the Provincial Government against the order, and inform him of his right to make such representation and afford him the earliest opportunity of doing so: Provided that neither the said order not the detention of the said person thereunder shall be deemed to be invalid or unlawful or improper on the ground of any defect, vagueness or insufficiency of the communication made to such person under this section.