Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure Habeas Corpus Legality Release and rearrest Principles applicable |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Habeas Corpus—Release and rearrest—Legality—Principles applicable—Code of Criminal Procedure, 1898 (V of 1898), 8. 491.Bipat Gope was convicted under ss. 323 and 324 read with s. 511 of the Indian Penal Code and sentenced to six months rigorous imprisonment by the High Court on appeal against acquittal, but, was not taken into custody and on the ground of serious illness was kept in the Hospital under Armed Guards. On application moved by the respondent and on recommendation of the medical authority he was released by the District Magistrate under the Jail Manual Rules. The Appellant contended that his release was conditional under r, 549 of the Jail Manual Rules, which was challenged by the respondent. A non-bailable warrant for arrest was issued against him upon which he moved the High Court under Art. 226 of the constitution and was directed to appear at the preliminary hearing. He presented an application before the District Magistrate praying for his appearance and an opportunity to present his case before the High Court. The District Magistrate passed no order but from the respondent’s petition in the High Court, it appeared that Senior Deputy Collector, Patna, ordered his arrest and sent him to jail and his petition in the High Court was withdrawn. The High Court allowed the respondent’s petition and ordered his release from custody. The High Court held, that the order of release passed by the District Magistrate was an unconditional release and therefore, he could not be rearrested. Against that order, State came in appeal by special leave. The appellant contended that the release must have been under Rule 549 of the Jail Manual Rules and not under any other rule. . Held, that the State did not make it clear under which rule he was released and under what lawful authority he was rearrested and thus in absence of such lawful authority, the detention was illegal and the appeal must fail. |
Judge | Hon'ble Mr. Justice J. L. Kapur |
Neutral Citation | 1962 INSC 150 |
Petitioner | State Of Bihar |
Respondent | Kameshwar Prasad Verma |
SCR | [1963] 2 S.C.R. 183 |
Judgement Date | 1962-04-17 |
Case Number | 242 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |