MISS PRAMILA GUPTA Vs. WSHOPKYNS

JUDGEMENT

(1.) On 15 March last a petition was presented to us on behalf of Miss Pramila Gupta and Miss Sushila Das Gupta. The material allegations in the petition are that the petitioners are cousins and third year students of the Bethune College, that on 9 February last the house in which the petitioners both live were searched by the police in connexion with the attempt made on 6 February on the life of His Excellency the Governor of Bengal and the petitioners were arrested, that on 10 February and several subsequent dates they were brought before the Chief Presidency Magistrate and remanded to custody and finally discharged on 29th February, that on the passing of the order of discharge a Police Inspector named F. N. Sen immediately re-arrested the petitioners declaring that he did so under "the Bengal (Emergency) Ordinance" that the petitioner Miss Pramila Gupta is now interned in the Presidency Jail and the petitioner Miss Sushila Das Gupta is now interned in the District Jail of Birbhum at Suri; there are various allegations of bad faith in the petition which is entitled: in the matter of an application under Section 491, Criminal P.C., and in the matter of an application for exercise of this Hon ble Court's inherent power of issuing writs of Habeas Corpus as a Court of King's Bench or as a Court of His "Majesty's Justices appointed by Royal Charter.

(2.) It is suggested that the action of the Government is not bona fide, but is due to the petitioners having incurred the displeasure of the authorities of the Bethune College.

(3.) The following are named as opposite parties: the Chief Secretary to the Government of Bengal, the Deputy Commissioner of Police (Special Branch), the Superintendent, Presidency Jail, the Superintendent, Suri Jail and the Superintendent of Police, Suri.