GOPI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner who has been detained in the Central Jail, Jaipur under an order dated January 19, 1965 made by the District Magistrate, Ganganagar under Cl. (b) of Sub-r. (1) of R. 30 of the Defence of India Rules, 1962 has moved this Court under Art. 32 of the Constitution for the grant of a writ in the nature of habeas corpus.

(2.) An order of detention of the petitioner under the aforesaid provision was first made on April 5, 1963. It could not be served on the petitioner for a long time because it is said that he was absconding. On November l, l964 he was arrested in connection with an offence under S. 307/395, Indian Penal Code but was released on bail. On November 4, 1964 the order of detention was served on him and he was sent to the Central Jail, Jaipur for being detained. On January 18, 1965 the original order of detention was cancelled by the Government because, we are informed, informed of some defect therein. The order of cancellation was served on him on January 21, 1965 and he was released in pursuance thereto. Immediately thereafter however, he was re-arrested under a warrant issued by the Sub-Divisional Magistrate, Karampur in respect of the offence under S. 307/395, I. P. C. Prior to this, that is, on January 19, l965 the District Magistrate, Ganganagar made an order of detention of the petitioner. This order was served on him in jail on January 23, 1965. Since that date he is in detention. By his order dated July 7, 1965 the Governor of Rajasthan, in exercise of the powers conferred by sub-r. (7) of R. 30 (A) directed that the petitioner's detention be continued.

(3.) Mr. S. C. Agarwala appearing for the petitioner has challenged the detention of the petitioner on two grounds:(1) that as the petitioner was already in jail when the order dated January 19, 1965 was served on him, his detention is illegal, (2) that the reviewing authority contemplated by sub-r. (7) of R. 30 (A) did not review the order of detention and, therefore, the order made by the Governor on July 7, l965 is vitiated.