Basanta Chandra Ghose vs Emperor - 1944 Supreme(FC) 14

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1944 Supreme(FC) 14

SPENS
Basanta Chandra Ghose – Appellant
Versus
Emperor – Respondent

JUDGMENT

Spens, C.J.

These are appeals by certain detenus against orders passed by the High Court at Patna dismissing applications filed by them or on their behalf for their release under Section 491, Criminal P.C. Two of the petitions, from which Criminal Appeals nos. 3 and 5 arise, were dealt with by one Division Bench, in a judgment which has discussed the contentions urged in support of the petitions. The petitions in the other two cases were disposed of by two other Benches which have followed that judgment. On behalf of the Crown it was urged before the High Court that Ordinance 3 of 1944which had been promulgated during the pendency of some of these petitionshad taken away the power of the Court to pass any order under Section 491, Criminal P.C. in these cases. By way of reply to that argument, the validity of the Ordinance was impugned on behalf of the detenus; certain contentions as to the constraction and effect of the Ordinance were also advanced. The High Court upheld the objection raised on behalf of the Crown but granted a certificate under Section 205, Constitution Act. In the main judgment under appeal, the learned Judges rejected the limited interpretation which coun

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