Judgment

SHAH, J. :- In an action for compensation for false imprisonment the Subordinate Judge, Lower Assam District, granted to the respondent Ajoy Kumar Mukherjee a decree for Rs. 5000. In appeal the High Court of Assam confirmed the decree. With certificate granted by the High Court under Art. 133(1)(c) of the Constitution, this appeal is preferred.

2. In March 1950 in the district of Kamrup, State of Assam, there were communal disturbances resulting in rioting and arson. The appellant was at the material time Sub-Divisional Officer of the Barpeta Sub-Division and also held the office of Sub-Divisional Magistrate. A. C. Bhattacharjee was the Deputy Commissioner of the District and held the office of District Magistrate B. R. Chakravaty was the Circle Inspector of Police at Barpeta. The respondent Ajoy Kumar Mukherjee owned an extensive agricultural estate within the Barpetra Division. On March 17, 1950 at about 10-30 p.m. the respondent was arrested by the Circle Inspector of Police pursuant to an authority given by the appellant and was confined in the lock-up for the night. Next morning the respondent was produced before the appellant who remanded him to custody. Eventually by