Bikri Narayana and Another vs State of Hyderabad

These are two applications for Writs of Habeas Corpus on behalf of detnus (a) Badri Narayana and (2) Enamula Bicham Reddy.

The grounds of detention are the same in both cases. The advocate for the detenus argues that in the order of detention the period of detention has not been mentioned and that therefore the detention itself is illegal. In support he relies on a ruling of the Allahabad High Court reported in - M.M. Bashir Vs. State, (A). But this Single Bench ruling has been dissented from in a Division Bench ruling of the same High Court, which is reported in - Ram Adhar Misra Vs. State, (B). The Single Bench judgment was delivered on 20-6-1950 whereas the Division Bench judgment was delivered on 14-9-1950. The Division Bench after considering the law on the subject has come to a conclusion contrary to that arrived at in the Single Bench and has categorically held that the non-mention of the period of detention does not make the detention illegal or ultra vires. We agree. This contention fails. It is further urged that the grounds of detention are vague. Among the grounds stated it is also alleged that when the S.A.P. party of Cherumadram raided the village on 24-1-1951 these detenus hid three underground hostiles in the housed of one Bhusayya and then they followed the police as informants. It is also learnt that the detenus are in possession of some weapons, without any licence evidently to help the hostiles.

We consider these grounds sufficient and decline to interfere. The petitions are therefore dismissed.