CHANDER 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 Headquarters. 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 1985 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 conviction was not forthcoming during investigation. On the same day i. e. , on llth March 1965 the Central government made separate orders under Rule 30 of the Defence of India Rules for the detention of the petitioners. The detention orders are in identical terms except for the change of the name of the detenu and the number of the order, and, in the circumstances, it would be enough to reproduce the order in respect of one of the petitioners. It reads as under :-Government of India ministry of Home Affairs, New Delhi-11 the llth March, 1965. ORDER where as the Central Government is satisfied that with a view to preventing Shri Chander Prakash Gupta son of late Shri Lall Chand gupta, residing at Block E-4, House No. 23, Ambar Colony, Lajpat nagar, New Delhi, from acting in a manner prejudicial to the defence of india, public safety and India's relations with foreign powers, it is necessary that he should be detained : now, therefore, in exercise of the powers conferred by Clause (b) of sub-rule (1) of Rule 30 of the Defence of India Rules, 1962, the Central government hereby directs that the said Shri Chander Prakash Gupta be detained. Sd/- (A. Sen)Joint Secretary to the Government of India for and on behalf of the president of India. " the detention orders were served on the petitioners the same day i. e. , on llth march 1965, and since then the petitioners are under detention. The petitioners nave challenged their detention by means of these petitions mainly on the ground that as they were arrested in a case under the Official Secrets Act, they should have been tried for the offence under that Act and could not be detained under the defence of India Rules. Grounds have also been taken that as the petitioners were already in custody, the detention orders could not be validly served upon them. Grievance has also been made of the tact that the grounds, on which the detention orders were based, have not been supplied to the petitioners.

(3.) THE petitions have been resisted by the respondents and the affidavits of Shri asoka Sen, Joint Secretary to the Government of India, Ministry of Home Affairs, have been filed in reply.