JNAN PROSANNA DAS GUPTA Vs. PROVINCE OF WEST BENGAL

JUDGEMENT

(1.) THESE are two petitions -under Section 491, Criminal P.C.

(2.) IN Miscellaneous Case no. 85 of 1948 the petitioner is one Jnan Prasanna Das Gupta who has filed the petition on behalf of his brother Satya Prasanna Das Gupta who is at present detained in the Presidency Jail, Alipore, In, Misc. case. No. 108 of 1948 the petitioner is Balendra Nath Mukherjee who has filed the -petition on behalf of his brother Hiren Mukherjee who is also detained in the Presidency jail,. Alipore.

(3.) IN the petition filed on behalf of Hiren Mukherjee, it is stated that the latter is a Master of Arts of the Universities of Calcutta and Oxford, a Bachelor of Literature of the University of Oxford, a member of the English Bar and an Advocate of this Court. It is said that he had a brilliant academic career be to in the University of Calcutta and at Oxford and that he was called to the Bar by Lincoln's Inn in or about the year 1931. On his return to India he was enrolled as an advocate in this Court and has been for some time a Professor of History first at the Andhra University and now at Eipon College, Calcutta. It is then alleged that Hiten Mukherjee is a journalist of repute and has been engaged to contribute articles to well -known papers such as the. "Statesman" and the equally well -known legal journal, the "Calcutta Weekly Notes". It is further stated that he is an author of repute and that a number of his be os in English and Bengali are widely read, It is alleged that in or about the year 1942, Hiren Mukherjee who had been a member of the Indian National Congress for several years, severed his connection with that party and joined the CommuniBt Party. It is stated however that he has never been guilty of any un -lawful act and that there were no grounds whatsoever to justify his detention. Like Satya Prasanna Das Gupta he also alleges that one of the reasons for his detention is that he has been an active worker in the AH -India Trade Union Congress which is the rival organisation to the Indian National Trade Union Congress said -. to be. -sponsored by the Congress Party. It is alleged that the arrest and detention of Hiren, Mukherjee was ordered maliciously in order to prevent his carrying on propaganda for the All. India Trade Union Congress and attacking the Indian National Trade Union Congress.