GIRDHARI LAL AGARWALA Vs. EMPEROR

JUDGEMENT

(1.) Mr. Girdhari Lal Agarwala applied as amicus curiae that Pandit Jawahar Lal Nehru at present serving a sentence of imprisonment in Naini Central Jail be set at liberty forthwith.

(2.) The application is made under Section 491, Criminal P.C., and Mr. Agar-wala contends that Pandit Jawahar Lal is illegally or improperly detained in the said jail within the meaning of Sub-clause (b) of that section.

(3.) It is admitted that Pandit Jawahar Lal has been convicted by a competent Court and sentenced to undergo 2 years simple imprisonment. It is difficult to see how any person undergoing a sentence of imprisonment imposed by a competent Court can be said to be illegally or improperly detained in jail.