Court : Chennai
Reported in : 1949CriLJ843
..... by an officer or authority not empowered under section 15 of the act;(2) when the person detained in pursuance of the order is not the person intended to be detained, that is to say, when there is a mistake of identity;(3) when there is a lack of bona fides; and(4) when it is established that the essential requirement of section 2, namely, the satisfaction of the provincial government or an officer oi other authority empowered under section 15 with respect to the particular person that he ia acting cr about to act in any manner prejudicial to the public safety cr the maintenance of public order and with a view ..... madras act 1 [1] of 1947 is one of such acts which admittedly restricts the individual liberty of the citizen in the interests of public welfare. ..... those cases were sought to be brought by the learned advocate only under the third category on the ground that the detention orders were vitiated by a lack of bona fides. ..... according to it, the petitioner became the president of the kerala congress committee in 1935, resigned later and concentrated on the labour movement and began to propogate communism in several districts, he was bound over under section 109, criminal p. ..... 8000 for communist party funds. .....
Tag this Judgment!