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1952 Supreme(Ori) 17

PANIGRAHI, DAS
SHYAMAGHANA RAY – Appellant
Versus
STATE – Respondent


Advocates Appeared:
M.MOHANTY, R.DAS

DAS, C. J.

( 1 ) THESE are applications for the issue of writs of 'habeas corpus,' Criminal Misc. Nos. 195 and 202 relate to one Govinda Pradhan and challenge the validity of an order of detention against him dated 13-12-1951. Criminal Misc. Nos, 196, 200 and 204 relate to one Ramachandra Mishra and challenge the validity of an order of detention against him dated 15th December, 1951. Criminal Miac. No. 207/51 relates to one Harihara Das and challenges the validity of an order of detention against him dated 13th December, 1951.

( 2 ) THESE three persons have been released by the Court on bail pending the final hearing of these applications for the special reasons stated in the respective orders granting bail. The validity of the orders of detention is challenged mainly on the ground that they are orders passed by an official having absolutely no legal authority to pass any such order, and are therefore illegal.

( 3 ) IN the petition relating to Govinda Pradhan, an affidavit, was filed on 20-12- 51 by one Banamali Jena stating that on 13-12-51, when the detention order against this detenu was passed, the Hon'ble the Chief Minister, who according to his information, had to deal wi















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