M SUBRAMANIAM DETENU NO 1169 IN THE CENTRAL JAIL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This is an application by one M. Subramaniam who had been repatriated from the Federated Malay States, by an order of that Government, as he was a citizen of the Indian Union. Arriving in Madras by 'S.S. Rajula" on 26th December 1948, he was arrested after disembarkation and kept in remand till 7th January 1949, on which day an order of detention dated the previous day, was served on him and he was detained under the provisions of Madras Maintenance of Public Order Act. The reasons for detaining him, dated 19th January 1949, were served on him on 12th February 1949. He files his application on 26th March 1949 and it comes up for final disposal before us now.

(2.) Belying on certain observations in two judgments of the Bombay High Court reported in In re Krishnaji Gopal, 50 Bom L. R. 175 : (A. I. R. (35) 1948 Bom 360), and In re Pandurang Govind, 50 Bom. L. R. 446 : (A. I. R. (36) 1949 Bom. 84) the learned advocate for the petitioner contends that the activities of the petitioner in a foreign country should not be taken into consideration in finding out whether his activities are likely to be prejudicial to the maintenance of public order in the Province of Madras, At p. 178, Rajadhyaksha J. in delivering the judgment of the Bench observes as follows:

(3.) In this connection we may refer to an earlier decision of this Court in P. Ramiah v. Chief Secretary to the Government, Madras. Cri. M. P. Nos. 442 to 447 of 1949 dated 5th April 1949 : , where our learned brothers Satyanarayana Rao and Viswanatha Sastri JJ. observed as follows: