JESU DASAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these applications made under Section 491 of the Code of Criminal Procedure for a direction that the detenues shall be set at liberty, it was mentioned to us on Monday by Mr. Ramachandra Rao, the learned Advocate for the detenues, that there has been no review by the authority which was under a duty to make a review-within a period of six months from the date of the-Order of detention, as enjoined by Sub-rule (8) of Rule 30A of the Defence of India Rules. Since this question arose for the first time, when Mr. Ramachandra Rao made that submission, Mr. Advocate; General asked for postponement of the proceedings till to-day to enable him to ascertain whether the review enjoined by Sub-rule (8) of Rule 30A has or has not been made.

(2.) The Orders of detention in these cases were made by the Deputy Commissioner, Bellary, on October 8, 1964. The argument placed before us by Mr. Ramachandra Rao was that, under Sub-rule (8) of Rule 30A a review was imperative before the expiry of six months from the date of the Order of detention. That period of six months having expired, according to Mr. Ramachandra Rao, on April 8, 1965, he contended that the detenues can no longer be continued in detention.

(3.) Mr. Advocate General mentions to us to-day that there has till now been no review of the Orders of detention under Sub-rule (8) of Rule 30A of the-Defence of India Rules.