P (PLP)

(a) Government of India Act, 1935, as adapted by the Pakistan (Provincial Constitution) Order, 1947, S. 88 (1)‑

Governor satisfied as to the existence of circumstances necessitating the promulgation of an Ordinance‑Satisfaction is the satisfaction of the Governor‑‑East Bengal Preventive Detention Ordinance (VI of 1949). As to the satisfaction contemplated by the section it is now no lo11rer in dispute that the satisfaction is the satisfaction of the Governor and the Court cannot go into the question whether such circumstances exist as to render it necessary for the Governor to promulgate an Ordinance. (b) East Bengal Preventive Detention Ordinance (VI of 19‑19)

Limit to period of detention not prescribed‑‑Ordinance merely saying that an order for detention under S. 2 (1) shall remain in force for the period during which the Ordinance itself continues in operation‑Legality of Ordinance not affected. (c) Government of India Act, 1935 (as adapted by the Pakistan (Provincial Constitution) Order, 1947, S. 88‑What the Provincial Legislature could do the Governor can do by Ordinance in a proper case. 53 C. W. N. p. 27 referred to. (d) Government of India Act, 1935 (as adapted by the Pakistan (Provincial Constitution) Order, 1947, & ‑98‑Govern" is entitled to give retrospective effect to an Ordinance which he promulgates. 1942 F. C. R. 110 ; A. I. R. 1944 Bom. 119; L. R. 73 I. A. 199 (1946) followed. (e) Government of India Act, 1935 (as adapted by the Pakistan (Provincial Constitution) Order, 1947, S. 88‑Governor cannot extend the life of an Ordinance by another Ordinance. The Governor under section 88 has no power to resuscitate an expiring Ordinance by another Ordinance specifically designed for the purpose. Held, as such, that the promulgation of Ordinance No. VII of 1949 (East Ban‑al Preventive Detention Ordinance) to continue the East Bengal Preventive Detention Ordinance No. VI of 1949 is ultra vires. (f) Criminal Procedure Code (V of 1898) S. 491‑Court has only to see if the detention is under a valid order, not that a prior stage there was no valid order. In an application under section 491, Criminal Procedure. Code, the Note :‑In the above head note in paragraphs (a), (c), (d) and (e) "Provincial" should read "Provisional". Court is to see if the detention is under a valid order. " If at any time before the Court directs the release of the detenu a valid order directing his detention is produced the Court cannot direct his release merely on the ground that at some prior stave there was no valid cause for detention. 46 Cr.L.J p: 559 referred to. Refusal of Provincial Government to furnish information regarding a detenue beyond what was contained in the affidavits disapproved. Provincial Government's action in serving the detenue with a fresh order of detention during the pendency of proceedings under section 491, Criminal Procedure Code also disapproved. The Advocate‑General, for Crown.