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1954 Supreme(SC) 99

B. JAGANNATHA DAS, GHULAM HASAN, M. C. MAHAJAN, N. H. BHAGWATI, S. R. DASS
State Of Madras – Appellant
Versus
C. G. Menonn – Respondent


Advocates:
C.K.DAFTARY, M.K.NAMBIYAR, P.G.COKHALE, P.G.GOKHALE, PARAS A.MEHTA, PORUS A.MEHTA, R.H.Dhebar, S.SIVA SUBRAMANIAM, V.K.T.Chari

Judgment

MEHR CHAND MAHAJAN, C.J.I. : This is an appeal on a certificate under Article 132 (1) of the Constitution against the judgment of the High Court of Judicature at Madras dated the 20th February 1953, holding that section 14 of the Fugitive Offenders Act, 1881, is void as it offends against the provisions of the Constitution being discriminatory in its effect.

2. The respondents, husband and wife, were apprehended and produced before the Chief Presidency Magistrate, Egmore, Madras, pursuant to warrants of arrest under the provisions of the Fugitive Offenders Act, 1881. Mr. Menon is a barrister-at-law, and was practising as an advocate and solicitor in the colony of Singapore. Mrs. Menon is an advocate of the Madras High Court and was until recently a member of the Legislative Council of the Colony of Singapore. Both of them came to India some time after July 1952. On the 22nd August 1952 the Government of Madras forwarded to the Chief Presidency Magistrate, Madras, copies of communications that passed between the Government of India and the Colonial Secretary of Singapore requesting the assistance of the Government of India to arrest and return of the Colony to Singapore the M































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