9911796707
TMI Blog1956 (11) TMI 45X X X X Extracts X X X X X X X X Extracts X X X X ..... he order had been made were communicated to the petitioner. On July 12, 1954, the petitioner submitted his representation to the Government. Not having heard anything further in the matter, the petitioner made an application to the High Court of Jammu and Kashmir under s. 491 of the Code of Criminal Procedure. It appears that the Government had reviewed the case of the petitioner under sub-s. (2) of s. 14 in consultation with a person nominated for the purpose on August 23, 1954, and was satisfied that he should continue to be detained. Accordingly during the pendency of the habeas corpus petition before the High Court the Government on December 23, 1954, made an order under s. 14 continuing the detention of the petitioner. Thereafter the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that he does not desire to raise any of the questions of fact raised in the first petition, which had been withdrawn, but will confine his arguments to the new points of law raised in the supplementary petition. In view of the fact that this petition is concerned with the liberty of a subject, we have considered it right to hear Shri T. R. Bhasin on the new points sought to be raised by him. Shri T. R. Bhasin raises two points, namely:- (1) that the detention has become wrongful and illegal inasmuch as the order under s. 14 was not made before the expiration of a period of three months after the order of detention; and (2) that the second ground of detention is wrong inasmuch as the Chief Secretary has admitted that there is no such hote ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onths after the date of the order of detention. Turning to s. 14 we find that it does not in. terms provide for the making of any formal order. It only says that notwithstanding anything contained in the Act any person detained under a detention order made in any of the two classes of cases 'may' be detained or continued in detention without obtaining the opinion of an Advisory Board for a period longer than three months. There is no specific provision in the section for making any order or even such a declaration as is contemplated by the provio to s. 8(1). Shri T. R Bhasin then contends that at any rate the word used being may' it implies that the Government must make up its mind and when the Government so makes up its mind t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
