How Indian Constitution came to Laiq Ali’s rescue

Hyderabad: Laiq Ali, prime minister of princely Hyderabad, was the most controversial politician and he ran a parallel administration to the Nizam, even as Hyderabad was in talks with the Indian Union on the merger of the princely state during 1947-1948. But, despite all the controversies surrounding Laiq Ali, the newly-adopted Constitution of India came to his rescue after he was accused of escape from government detention.It was a different thing that Laiq Ali had no faith in the Constitution.
Laiq Ali was detained on December 19, 1948 a couple of months after the Operation Polo or the so-called Police Action on September 17, 1948. He escaped from the detention at his bungalow on March 3, 1950. As the law under which Laiq Ali was detained in 1948 was superseded after the Constitution came into existence on January 26, 1950, the question arose whether Laiq Ali could be held guilty of escape from detention.
Chief justice RS Naik of the Hyderabad high court in his judgment on August 11, 1950 held that the detention of Laiq Ali after January 26, 1950 cannot be held as legal and those who helped him to escape have incurred no criminal liability.
According to documents (Progs., Nos. 1(36)-H, 1950, Ministry of States 1950) available with the National Archives of India (NAI), Laiq Ali was served with an order by inspector-general of police A Patro under Section (2) of the Public Safety and Public Interest Regulation No.8 of 1358 Fasli year. A military and later a police guard was posted all round his bungalow.
He continued to stay in his bungalow till March 3, 1950 when he escaped. He was not served with any new order of detention under Section (3) of the Central Act IV of 1950 after it was passed on February 25, 1950. He had not also been formally arrested in connection with the charges subsequently preferred against him.
The high court held that after the Constitution came into being, the laws under which Laiq Ali was detained (
Hyderabad Regulation and Hyderabad Penal Code) cannot be sustained. The court had freed all those accused of helping, conspiring and abetting the escape of Laiq Ali from the detention. As many as 26 people were accused besides Laiq Ali. Of them 17 were taken into custody while the remaining were absconding.