ARUN KUMAR SINHA Vs. PROVINCE OF BIHAR

JUDGEMENT

(1.) THIS is a petition under Section 491, Criminal P. C, The petitioner, Arun Kumar Binha was arrested on 23rd May 1948. On 7th June 1948, the Provincial Government of Bihar passed an order of detention against the petitioner under Section 2(l)(a), Bihar Maintenance of Public Order Act. 1947. On 15th June, the petitioner was served with a copy of the grounds of his detention. The grounds are the following:

(2.) IN conclusion I must refer to an affidavit which has been filed this day on behalf of the Crown. Under the rules of this Court the affidavit should have been filed earlier. Even if that affidavit were read, it does not take the case against the petitioner any further. the Under Secretary to the Government of Bihar who has made the affidavit merely states that there were certain facts which could not be disclosed. We must judge the case against the petitioner on the grounds mentioned. Judged on the basis of the grounds given, it must be held that they do not contain any particulars, and some of the grounds, on the face of the record are inaugurate.

(3.) I agree.