Guwahati Court November 1948 Judgments

Nirendra Mohan Lahiri and ors. Vs. Government of Assam

Court: Guwahati

Lodge, C.J.1. This Rule was issued under the pro-visions of 8. 491, Criminal P. 0. at the instance of a number of persons detained in the District Jail at Jorhat. The material facts are these:2. The petitioners were arrested on 22nd May 1948 and placed in custody. On 6th June 1948, the Deputy Commissioner, under the provisions of 8. 2 (2). Maintenance of Public Order Act, 1947, directed that they be detained for a period of two months. On July 20th, the Government of Assam passed an order directing that the period of detention be extended. Towards the end of July, this Court delivered judgment in the case of Chyne v. The Government of Assam, and held that the Government had no power to extend the period of detention in such a manner. There, after on 9th August 1948 the present petitioners moved this Court contending that their further detention under the orders of Government, dated 20th July 1948, was illegal. A Rule was accordingly issued on the Chief Secretary to the Government of A...