MURAT PATWA Vs. PROVINCE OF BIHAR

JUDGEMENT

(1.) The questions raised in this reference areas to the construction and effect of Section 4, Bihar Maintenance of Public Order Act, 1947, which we shall hereinafter refer to as "the Act".

(2.) The reference to this Full Bench arises out of an application under Section 491, Criminal P.C., by one Murat Patwa, who claims that he is being illegally and improperly detained in the Bihar subjail.

(3.) The applicant was originally arrested by the Sub-Inspector of Police, Bihar P.S. on 5 March 1947, but it appears that no authority for this arrest came into existence until 12 March 1947, when the District Magistrate, Patna, purporting to act in pursuance of the powers conferred upon him by Sub-section (2) of Section 2 of the Act passed an order directing that he be detained for fifteen days. On the day after the expiration of that order, namely, 28 March, the applicant moved this Court under Section 491, Criminal P.C., and a rule was issued which was made returnable on 3 April 1947. On the latter date, a Division Bench of this Court made this rule absolute and, inter alia, passed the following order: An order shall issue at once, that if the petitioner has not been released, he must be released without further delay....