Judgement

Appeal (No. 83 of 1945), by special leave, from an order of the High Court (September 29, 1944) made by it in purported exercise of the powers conferred on it by s. 491 of the Code of Criminal Procedure to issue directions of the nature of habeas corpus. The order directed that the second respondent, Purushottam Yeshwant Deshpande (hereinafter called " the " detenu "), should be set at liberty forthwith on the ground that his detention was illegal.

The following facts are taken from the judgment of the Judicial Committee On August 21, 1944, the detenu was arrested pursuant to an order given by the Deputy Inspector-General of Police, under r. 129. The arrest was made by a police officer, K. C. Diwakar. On August 22, under an order signed by the said K. C. Diwakar, the detenu was committed to the custody of the Superintendent, Central Gaol, Nagpur. The order was expressed to be made under the powers conferred by sub-r. 2 of r. 129. On August 23, a report of the arrest was made to the Provincial Government as required by sub-r. 2. On August 26, the Provincial Government, purporting to act under sub-r. 4 of r. 129, directed that the detenu be detained in police custody for a