CHANDAR PARKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) -This judgment would dispose of two petitions under Article 226 of the Constitution of India (Criminal writs Nos. 47-D and 51-D of 1965), which have been filed by Chander Parkash and Raminder Singh respectively for issuance of writ for habeas corpus.

(2.) The brief facts of the case are that at the relevant time Chander Parkash petitioner was a lower division clerk in the Directorate of Equipment in the Air Headquarters, while Raminder Singh petitioner was a lower division clerk in the Army head Quarters. On 6th December 1964 both the petitioners were arrested in connection with a case registered under the Official Secrets Act. Seven other persons were also arrested in that case and on 11th March, 1965 an application was made by the Deputy Superintendent of Police before the Sub-Divisional Magistrate, New Delhi that the two petitioners and seven others might be discharged as sufficient evidence, for their judicial convictions was not forthcoming during investigation. On the same day i.e., on 11th March 1965 the Central Government made separate orders under rule 30 of the Defence of Indie Rules or the detention of the petitioners. The detentionorders are in indentical terms except for the change of the name of the detenu and the number of the order, and, in the circumstances, it would beenough to reproduce the order in respect of one of the petitioners. It reads as under :-

(3.) The petitions have been resisted by the respondents and the affidavits of Shri Asoka Sen, Joint Seceretary to the Government of India, Ministry of Home Affairs, has been filed in reply.