SARDAR DALIP SINGH Vs. GOVERNOR OF BIHAR

JUDGEMENT

(1.) This is an application by one Sardar Dalip Singh under Secs.491(1) (a) and 561-A of the Criminal P. C.. There is at present in force against the petitioner an order of the Governor of Bihar, dated the 17 August 1944, (No. 4827C-100 (1)/44) in the following terms: Whereas the Governor of Bihar is satisfied with respect to the person known as Dalip, Singh, son of Sunder Singh of village Kodheal, P. S. Adampur, District Jullunder, and at present of Thakurbari Road, P. S. Sakchi, Jamshedpur, that with a view to preventing him from acting in a manner pre-judicial to the public safety and the maintenance of public order, it is necessary that he should be directed not to be in any place within the districts of Singhbhum and Manbhum. Now, therefore, the Governor of Bihar in exercise of the powers conferred upon him by Clause (c) of Sub-section (1) of Section 3, Restriction and Detention Ordinance, 1944, hereby directs that the said Dalip Singh shall not at any time after the expiry of seven days from the service on him of this order be in any place in the districts of Singhbhum and Manbhum.

(2.) By an order of the 17 November 1944, Memo No. 5821C-100 (1)/44, the Government upon a representation by Sardar Dalip Singh have directed that order No. 4827C-100 (1)/44 will continue to be in force.

(3.) Section 3 (1) of ordinance 3 of 1944, so far as is material, is in the following terms : The Central Government or the Provincial Government, if satisfied, with respect to any particular person that with a view to preventing him from aoting in any manner prejudicial to the defence of British India, the public safety, the maintenance of public order, His Majesty's relations with foreign powers or Indian States, the maintenance of peaceful conditions in Tribal Areas or the efficient prosecution of the war it is necessary so to do, may make an order.... (c) directing that, except in so far as he may be permitted by the provisions of the order, or by such authority or person as may be specified herein, he shall not be in any such area or place in British India as may be specified in the order.