JAGDISH PRASAD PAL Vs. PROVINCE OF BIHAR

JUDGEMENT

(1.) These applications are on behalf of Sri Jagdish Prasad Pal and Sri Ramcharan Sao complaining that they are illegally and improperly detained under the Bihar Ordinance IV [4] of 1949.

(2.) In the batch of criminal miscellaneous cases Bhuthnath v. Province of Bihar, (A. I. R. (37) 1950 Pat. 35) in which judgment has just been pronounced we have discussed the constitutional validity of the Ordinance and have held that in promulgating it the Governor of Bihar did not exceed his legislative competence.

(3.) In these two cases a question is involved as to the construction of Section 2 (1) of the Ordinance, Learned advocate addressed the argument that the Provincial Government have no sufficient material before it to hold that the applicants would act in a manner prejudicial to public safety or maintenance of public order. It was argued that the Court could apply an objective test and consider whether the materials on which the detention orders were passed were sufficient.