Law: Punjab Public Safety Act, (XVIII of 1949)

Section: 3

Law: Criminal Procedure Code (V of 1898)

Section: 491

(a) Punjab Public Safety Act (XVIII of 1949), S. 3­ Order of extension of period of detention communicated to detenu when initial detention ordered by Police Officer had already expired-Extension, held, not illegal. It was argued that under section 3 of the Act the period of detention that the S. P., C. I. D., was competent to order, could not exceed fifteen days and that as the order of exten­sion passed by the Provincial Government reached the detenu when the sixteen days' period had already expired, it should be held that the order of extension issued when the detention had become illegal. Held, that the order obviously takes effect immediately on its being passed and not merely when it is communicated to the detenu. There are no words in this section which would lend support to the argument that the date of service of the order on the detenu, would be the date on which the order becomes effective. (b) Government of India Act, (1935), S. 92-A-Not ultra vires the Governor-General. ORDER S. A. RAHMAN, J.-This order will dispose of a petition by Ghulam Nabi Bhullar under section 491 of the Code of Criminal Procedure. The petitioner had been arrested and detained under orders passed by Mr. Zulqarnain, S.P., C.I.D., Lahore, on the 2nd of May, 1954, under the provisions of section 3 of the Punjab Public Safety Act 1949 (hereinafter referred to as the Act). A reference was simultaneously made to the Provincial Government under subsection (2) of section 3 of the Act and the Home Secretary, Mr. Ghias-ud­-Din Ahmad, passed an order dated the 14th of May, 1954, extending the period of detention of the aforesaid Ghulam Nabi Bhullar till the 2nd of November, 1954, and directing his detention in the custody of the I. G: Prisons, Punjab, as Class II detenu. This order was served on the detenu on the 18th of May, 1954, while he was being detained in the Central Jail, Lahore. The petitioner has challenged his detention as tainted with mala fides. Two witnesses were called by him to support his allegation. They are Mr, Zulqarnain, S. P., C. I. D., Lahore, (P. W. 1) and Mr. Ghias-ud-Din Ahmad (P. W. 2). Their statements did not bring out any irregularity of procedure on the…

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