OM PRAKASH MEHTA Vs. EMPEROR

JUDGEMENT

(1.) THESE are 12 applications by persons detained by the Provincial Government under Section 2 of the Central Provinces and Berar Maintenance of Public Order Act, 1946 (Act No. 15 (XV) of 1946). This Act was brought into force on 21st November 1946 and is to remain in force for one year from that date. The detenus challenge their detention on various grounds and the present applications being under Section 491 of the Criminal P.C. are in the nature of petitions for issue of a writ of habeas corpus.

(2.) THE first ground on which detention is challenged is that the Act as a whole or at least in part is ultra vires the Provincial Legislature. It is convenient before discussing this question to analyse this Act to find out what its pith and substance is. The operative part is contained in Section 2(1) which reads thus: The Provincial Government if satisfied that any person is acting in a manner prejudicial to the public safety, order, or tranquillity, or is fomenting or inciting strikes with intent to cause or prolong unrest among any group or groups of employees may if it considers such order necessary make an order (a) directing that he fee detained.

(3.) THE detenus were arrested and lodged in the jail and were duly furnished the grounds of their detention. These grounds of detention have been tendered in evidence by the detenus and they have sworn affidavits either to deny or to explain the circumstances mentioned in the-grounds of detention. It may be said here that no material other than these grounds has been adverted to by the Provincial Government and in fact the affidavit of the Chief Secretary Says that the grounds of detention clearly make out a case for detaining these persons. The question of the sufficiency of the grounds on which detention has been ordered in these cases will be taken up later.