As this will require a certain amount of time, I am directed to give you advance information of this step and hereby request the Government of West Bengal to issue a provisional warrant of arrest which ensures Mullers detention up to the date of his extradition to Germany.
On the 21st of September 1954, the petitioner wrote to the West Bengal Government asking it to be kind enough to pass an order for our immediate repatriation from India 1287 and to do the necessary arrangement for our transmission out of India.
On the 9th of October 1954 the Calcutta Police handed the petitioners passport over to the West German Consul at the Consuls request.
February 23.
Under Article 32 of the Constitution for a Writ in the nature of habeas companypus.
This Consulate has already arranged for Mullers repatriation by the German boat KANDELFELS due to arrive in Calcutta on the 19th instant.
This passport was issued to the petitioner by the West German Government at Nurenburg in West Germany on the 27th of November 1953.
C. Setalvad, Attorney General of India B. Sen, and I. Shroff, for P. K. Bose, with him for the respondents.
Sadhan Chandra Gupta The Petitioner also present for the petitioner.
22 of 1955.
ORIGINAL JURISDICTION Petition No.
On receipt of this letter the Secretary to the Government of West Bengal recorded the following numbere I suppose there would be numberobjection to our keeping Muller in detention till the 19th instant.
The Judgment of the Court was delivered by BOSE J. The petitioner, Hans Muller, who is number a citizen of India, and who is said to be a West German subject, was arrested by the Calcutta Police on the 18th September, 1954 and was placed under preventive detention.
On the day after his arrest, namely on the 19th September, 1954 he wrote to the Consul General of West Germany at Calcutta saying that be had been arrested and asking for an early interview.
This was granted.
The order was made by the West Bengal Government under section 3 1 of the Preventive Detention Act of 1950 Act IV of 1950 on the ground that his detention was with a view to making arrangements for his explusion from India.
All 1288 expenses in companynection with Mullers repatriation will be borne by the Government of the Federal Republic of Germany.
The second ground runs That you are a foreigner within the meaning of the Foreigners Act, 1946 Act XXXI of 1946 and that it has become necessary to make arrangements for your expulsion from India and for this purpose you are required to be detained under section 3 1 b of the Preventive Detention Act, 1950 until the issue of an appropriate order of expulsion from the Central Government.
The grounds were served on the 22nd of September, 1954.
