STATE OF BOMBAY Vs. PURUSHOTTAM JOG NAIK

JUDGEMENT

(1.) This is an appeal from an order of the Bombay High Court directing the release of the respondent who had been detained under section 3 of the Preventive Detention Act, 1950.

(2.) The learned Attorney-General states at the outset that Government does not want to re-arrest the respondent but merely desires to test the High Court's decision on certain points which will have far-reaching effects on preventive detentions in the State of Bombay. Following the precedent of their Lordships of the Privy Council in 'Emperor v. Vimlabai Deshpande', ILR (1946) Nag 651 at p. 655, we proceed to decide the appeal but direct that the respondent shall not, in any event, be rearrested in respect of the matters to which the appeal relates.

(3.) The respondent was originally arrested under an order of the District Magistrate, Belgaum, dated the 26th February 1950 though he was then beyond the jurisdiction of that authority. On the 11th of July 1950, the Bombay High Court held that a detention of that kind was invalid. The decision was given in the case of 'In Re Ghate', 52 Bom L R 711. This necessitated a review of 57 cases, among them the respondent's. Orders were passed in all those cases on the 17th of July 1950. About 52 of the detenus were released and in the remaining cases fresh orders of detention were passed by the Government of Bombay.