STATE OF RAJASTHAN Vs. RIKHABCHAND DHARIWAL

JUDGEMENT

(1.) This is an appeal by the State of Rajasthan from the judgment and decree of the Civil Judge, Kotah, dated the 15th of December, 1952 for an amount of Rs. 3,400/- against the State of Rajasthan in a suit filed by Mr. Rikhabchand Dhariwal for compensation for false imprisonment. The respondent, Rikhabchand Dhariwal filed cross-objections and claimed an amount of Rs. 1,600/- which was disallowed by the lower court.

(2.) The appeal came up for hearing before a Single Judge of this Court who has referred it to a Division Bench, as important questions of law were involved in it.

(3.) The plaintiff is Shri Rikhabchand Dhariwal, who was a practising Advocate at Kotah. On the 17th of July 1948, under the orders of the then Chief Minister of former Rajasthan, the plaintiff was arrested and detained in the Bundi Central Jail under Section 3(1)(b) of the Rajasthan Public Safety Ordinance (No. IX of 1948), hereinafter referred to as the Ordinance -- A habeas corpus application was filed by his brother for his release and the Bench of the former Rajasthan High Court, sitting at Kotah, ordered the release of the plaintiff on the 14th of August 1948. He was consequently released, but before he could get out of the outer gate of the Jail, he was again arrested under a warrant of detention issued by the Commissioner, Kotah Division under the same provision of the Ordinance. Again, a habeas corpus application was presented for his release and by the order dated the 26th of August 1948, he was again released by the same Bench of the High Court.