ASIT KUMAR SWARNAKER vs THE GOVERNMENT OF EAST PAKISTAN THROUGH JUDGMENT Reported As — 1970 PCRLJ 350

Citation: 1970 PCRLJ 350

Court: Dacca

Year: 1969

Decision Date: 1969-12-31

Parties: ASIT KUMAR SWARNAKER vs THE GOVERNMENT OF EAST PAKISTAN THROUGH JUDGMENT

Headnotes

350 Result: Rule discharged Judgment JUDGMENT T. KHAN, J.-On application by Asit Kumar Swarnaker on behalf of his father Mr.

Judgment Text

Court Name: Dacca Judge(s): A. H. Khan, Salahuddin Ahmed Title:ASIT KUMAR SWARNAKER vs THE GOVERNMENT OF EAST PAKISTAN THROUGH JUDGMENT Reported As: 1970 P Cr. L J 350 Result: Rule discharged Judgment JUDGMENT T. H. KHAN, J.-On application by Asit Kumar Swarnaker on behalf of his father Mr. Hazari Lal Swarnaker under section491 of the Criminal Procedure Code, a Rule nisi was issued calling upon the opposite-parties to show cause why the detenu who is alleged to be illegally and improper detained in Khulna Jail should not be brought before this Court to be dealt with in accord--ance with law or set at liberty or such other or further order or orders passed as to this Court may seem fit and proper. The impugned order in the case is the order No. 253-H. S. Doted the 15th February 1969 passed by 'the Governor of East Pakistan under clause (a) of subsection (1) of section 17 of the East Pakistan Public Safety Ordinance, 1958. Before expiry of that order which was due on 10th May 1969, another order No. 358-Poll (IV) dated the 10th May 1969, was passed by the Martial Law Administrator, Zone B performing the functions and exercising the powers of the Governor of East Pakistan which was also brought on record by a supplementary affidavit. The facts relevant for the purpose of disposal of this case are that on 22nd November 1965, the detenu was arrested along with another person named Harinath Ghose without being served with any order of detention on them. The detenu was at first…

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