Law: Government of India Act, 1935

Section: 8,100,Sch.VII,ListsI,II,III

Law: Criminal Procedure Code (V of 1898)

Section: 491(3)‚

(a) Bengal State Prisoner's Regulation (III of 1818) (as adapted by the Government of India (Adaptation of Indian Laws) Order, 1937), S. 7-A (1) (Z) (3)-Warrant of commit­ment-Reasons connected with maintenance of public order---­Issuing authority for such a warrant is the Provincial Govern­ment and not the Central Government-Warrant issued by Central Government invalid-Government of India Act, 1935, Ss. 8 and 100, Sch. VII, Lists I, II, III. The prisoner in this case was placed in a jail in the Punjab under a warrant of commitment issued by the Central Government, for "reasons connected with the maintenance of public order". Held, that the warrant was not a warrant under the Regulation and that, consequently, the detenu not being detained under a valid warrant was directed to be set at liberty. Only four kinds of warrants for personal restraint can be, issued under the Regulation. Subsection (1) of section 7-A provides for three only of these, four, viz, warrant for reasons connected with (1) defence, (2) external affairs, (3) the discharge of the functions of the Crown in its relations with Indian States. Such warrants shall be issued, as is provided by the same subsection, by the Central Government. It thus follows that the fourth kind of warrant, namely, that for reasons, connected with maintenance of public order, is provided by subsection (2), and it is only the Provincial Government which can issue such a warrant. The intention of the adaptations effected by the Govern­ment of India (Adaptation of Indian Laws) Order 1937, as expressed in the preamble and implicit in the content of the Regulation is to effect a division of functions between the two Governments, in accordance with the distribution of legislative powers recognised by section 100 of the Govern­ment of India Act. Under section 8 of the Government of India Act, the executive authority of the Federation extends to the matters with respect to which the Federal Legislature has power to make laws, "provided that the said authority does not, save as expressly provided in this Act, extend in any province to matters with respect to which the Provincial Legislature has power to make laws", and the…

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