RANA BIRPAL SINGH Vs. EMPEROR

JUDGEMENT

(1.) This is-an application under S. 491, Criminal P. 0., 189S, made on behalf of Eana Birpal Singh who is now under detention in the Central Mental Hospital) Yeravda. Birpal Singh was the Ruler of Bhajji, one of the Simla Hill States, for a number of years up to the year 1940, and it is claimed that thereafter he continued de jure to be the Ruler of that State, In September 1940 he was detained in the Bipon Hospital, Simla, undec warrant bearing the signature of an Additional Secretary to the Government of India, issued under the Bengal State Prisoners Regulation, 1818. Since that time he has remained under detention, In the year 1941 he was removed from Simla to the Mental Hospital at Lahore under a further warrant issued under the same Regulation, and in that year an Ordinance was promulgated to remove doubts as to the validity of the detention in Mental Hospitals of persons on warrants issued under the Bengal State Prisoners Regulation. In the year 1943, a habeas corpus application was preferred to the Lahore High Court by or on behalf of Birpal Singh, but the High Court and the Federal Court in appeal declined to interfere. In consequence of certain observations made by the Lahore High Court as to the desirability of transferring Birpal Singh to a more congenial climate, he was transferred to the Central Mental Hospital, Yeravda, by war-rant dated 21 January 1940, also under the Bengal State Prisoners Regulation, 1813, and addressed to the Superintendent of that Hospital. Since then he has remained there, and his present detention is claimed on behalf of the Government to be justified by the warrant of 21 January 1946. We understand that prior to 15 August 1947, two applications were preferred to this Court by Birpal Singh himself which were summarily rejected.

(2.) It is now urged on behalf of Birpal Singh that by reason of the constitutional changes which took place in August 1947 the warrant under which he is being detained has ceased to have effect and that his detention is sow illegal.

(3.) The warrant of 21 January 1946, is in the following terms: Whereas the Governor-General in Council, for good and sufficient reasons, being reasons connected with the discharge of the functions of the Grown in ita relations with Indian States, has seen fit to determine that Birpal Singh, ox-Rana of Bhajji, shall be placed under personal restraint at the Central Mental Hospital, Yervada, Poona, you are hereby required and commanded, in pursuance of that determination, to receive the person abovenamed into your custody, and to deal with him in accordance with the orders of the Government and the provisions of the Bengal State Prisoners Regulation, 1818.