ABDUL KARIM Vs. GOVT OF HYDERABAD
HIGH COURT OF ANDHRA PRADESH
GOVT OF HYDERABAD
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(1.) THIS is an appln, for the issue of a writ of habeas corpus praying that the petnr. be set at liberty. The learned Chief Justice before whom the appln was filed directed notice to issue to the Govt. and after notice to the Advocate-General, the petn. came on for hearing before us on 21. 4. 1960. We have heard the arguments of Moulvi Abdul Hasan Syed Ali for the petnr. and the Advocate General on behalf of the Govt.
(2.) BEFORE the passing of the Const. Ind. the H. C. had power to issue an order directing the release of a person said to be illegally detained under Section 620, Hyderabad Cr. P. C. Now, since the passing of the Const. Ind. , the power to issue writs in the nature of habeas corpus and similar writs has been specifically given to the H. C. under Article 226, Const. Ind.
(3.) THE petnr. in this case has been detained under Section 3 Preventive Detention Act IV 4. of 1950, passed by the Indian Parliament on 25-2-1960. Under Article 246, Const. Ind. . Parliament has exclusive power to make laws with respect to my of the matters enumerated in List 1 of Sch. 1 of the Constitution and among the various items in respect of which Parliament is empowered to make laws, Item no. 9, is "preventive detention for reasons connected with Defence, Foreign Affairs or the security of India", and under Section 3 of the above enactment the Central Govt. or State Govt. may, if satisfied, with respect to any person with a view to preventing him from acting in any manner prejudicial to the security of the State, make an order detaining him, Therefore, in pursuance of the power vested in the 'rajpramukh' as the Executive bead of the State, an order was passed, directing that the petnr. be detained. This order was served on the petnr. on 9 3 1950. The order of detention, therefore, has been passed under the power vested in the 'rajpramukh' as the Executive head of the State. Hence the authority of the person who has passed the order of detention cannot be questioned.;
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