The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and Short notes of Important Decisions of other High Courts in India Monday September 12 1932

The provision was that a person might be thrown into confinement if it appeared to the Secretary of State that for securing the public safety or the defence of the realm it was expedient in view of the hostile origin or association of any person to intern him. [...] On this the majority of the Judges said that it was open to the Legislature to provide for the internment of a subject on the mere suspicion of the executive and since that had been done the Court could only enquire whether the sole necessary condition precdent to such internment had been fulfilled that is to say whether the executive had come to entertain the suspicion. [...] The argument thus comes full circle back to the same point and the view taken by their Lordships involves the conclusion that the Court can and indeed has to examine the validity of the grounds. [...] These are some of the points that yet rmain to be settled in regard to the law of Habeas Corpus: the validity of the provincial Act the Court's power to examine grounds of detention the proper form of the return. [...] A suit was brought by the applicant for a permanent injunction restraining the Dfendant who is the President of the Legilative Assembly from allowing discussion in the Assembly of a certain Bill and putting it to the vote of the members of Assembly.