BHOLA RAI Vs. SUPERINTENDENT DISTRICT JAIL GHAZIPUR

JUDGEMENT

(1.) THESE petitions under Section 491 of the Code of Criminal Procedure read with Article 226 of the Constitution of India challenging the validity of the orders dated 1st of August, 1965, which are similar in nature and passed by the Government of India under Rule 30, Sub-rule (1), Clause (b) of the Defence of India Rules, 1962, raise common questions of law and facts and can be conveniently disposed of together.

(2.) THE undisputed facts which are relevant to the questions in controversy are stated briefly.

(3.) THE petitioners are active members of tile Communist Party in India. They were first arrested and detained in various jails in the State of Uttar Pradesh in pursuance of the orders passed in the name of Governor of Uttar Pradesh under Rule 30 (1) (b) of the Defence of India Rules. In the case of some of these petitioners the order of detention was reviewed by the authorities and their detention was continued.