EMPEROR Vs. BASHAN MADAR KORBU

JUDGEMENT

(1.) This is an application made under Section 491 of the Criminal Procedure Code by the brother-in-law of the detenu Shaikhlal Shamsooddin Kotwal praying that the order of detention passed against him by the District Magistrate of Sholapur on November 25, 1947, be set aside and that he be ordered to be released. The facts of the ease are briefly these:

(2.) The detenue is a resident of Tadavale, in taluka Barsi, District Sholapur. He was arrested on November 22, 1947, at Tadavale, was brought to Sholapur and was kept in Sholapur jail from November 25, 1947, to December 2, 1947. It is the ease of the detenue that no order of any detention was shown to him at the time when he was arrested or when he was kept in Sholapur Jail. Then on December 2, 1947, he was removed to Yeravda Central Prison. About December 8, 1947, a copy of the notice of the grounds of detention under Section 3 of the Public Security Measures Act dated November 25, 1947, was served upon him. The notice, after setting out the grounds for detention, stated that he had a right to make a representation to/the District Magistrate of Sholapur through the Super-intendent of Yeravda Central Prison. The present application is filed praying that he may be set at liberty.

(3.) Two points have been made out by Mr. Peerbhoy, the learned Counsel for the petitioner, viz. that the order of detention by the learned District Magistrate of Sholapur requiring him to be detained at Yeravda is beyond his jurisdiction and therefore null and void, and, secondly, the order is bad because the order passed under Section 2 says that he is acting in a manner prejudicial to the public safety, the maintenance of public order, the tranquillity of the Sholapur City. But the grounds mentioned in the notice served upon him under Section 3 have nothing to do with the Sholapur City. The grounds mentioned in that notice are: Your village is the last village of the border of this district. Your movements have been very suspicious. Your activities these days have been prejudicial to the public peace, safety and convenience of this District.