Judgement

S. R. Das J.: This is a petition for a writ in the nature of a writ of habeas corpus calling upon the respondents to show cause why the petitioner, who is now confined in the Central Jail at Rewa, should not be set at liberty. The petitioner s grievance is that he has been deprived of his liberty otherwise than in accordance with procedure established by law. A rule nisi having been issued, the respondents have filed an affidavit by way of return to the writ. The question for our decision is whether the return is good and sufficient in law.

2. The facts leading up to the present petition are few and simple. In the years 1948 and 1949 the petitioner was the Minister of Industries in the Government of Vindhya Pradesh which was at that time an acceding State within the meaning of Section 6 of the Government of India Act, 1935 as amended in 1947. On the 11th April 1949 the petitioner was arrested in Delhi on the allegation that he had accepted illegal gratification in order to show favour to Panna Diamond Mining Syadicate in the matter of the lease of the Diamond Mines at Panna. In December, 1949 the petitioner along with one Mohan Lal, who was the then secretary in the Min