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1932 Supreme(Cal) 65

REMFRY, MALLIK
Jitendra Nath Ghosh – Appellant
Versus
Chief Secretary to the Bengal Government – Respondent


JUDGMENT

Remfry, J. - This is a petition on behalf of Kali Charan Ghosh praying for the issue of a writ of Habeas Corpus or for a mandamus. It appears from the petition that Kali Charan Ghosh was arrested and detained in the Presidency Jail on or about 10th February or 16th February 1932. He claims to be a French subject and it is said that he was arrested near Serampur and that his brother, the present petitioner, was informed on 16th February that Kali Charan had been arrested under the Bengal Criminal Law Amendment Act 6 of 1930, Bengal. The petitioner states that in spite of inquiries he had been unable to ascertain the grounds for this arrest, and has not been able to secure a copy of the warrant under which the detenu is detained, and that the detenu is a good and useful French subject and has never been convicted in a Court of law. A rule was issued on 28th April on the Superintendent of the Presidency Jail, to show cause why the body of the detenu should not be produced in this Court on ground No. 1 of the petition. That ground alleges that the arrest and detention of the said Kali Charan Ghosh

are illegal and neither the arrest nor the detention are warranted by the British,

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