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1949 Supreme(Mad) 365

GOVINDA MENON, BASHEER AHMED SAYEED


Advocates:
A.K. Ramachandran of Messrs. Row and Reddy for Petitioners.
The Advocate-General (K.Rajah Aiyar) and N.T.Raghunathan for the Public Prosecutor (V.L.Ethiraj) and the Crown Prosecutor (S. Govind Swaminathan) on behalf of the Crown.

Order

Govinda Menon, J.-These are petitions under section 491, Code of Criminal Procedure, by the various petitioners herein praying that directions in the nature of Habeas Corpus to be issued to the superintendent of the respective jails in which they are confined to produce them before this Court so that they might be set at liberty. In all these cases the petitioners are detained under the provisions of Madras Maintenance of Public Order Act, 1947 (Act I of 1947), as amended by the Madras Maintenance of Public Order (Amendment) Act, 1948 (Act XVII of 1948). Madras Act I of 1947 was to remain in force for a period of one year from the 12th March, 1947 and there was a provision therein that the Provincial Government may from time to time, by notification in the Fort St. George Gazette, extend the continuance of the Act for a further period or periods not exceeding one year in the aggregate. In accordance with that provision contained in section 1(4) of Act I of 1947, the Provincial Government extended the operation of the Act by notification. Later on, by Act XVII of 1948, an amendment was made to section 1(4) of Act I of 1947, by which for the words “for a further period or period























































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