GHASI RAM Vs. STATE

JUDGEMENT

(1.) THIS is a group of fourteen applications for a writ of Habeas Corpus under Article 226 of the Constitution by the several petitioners therein praying for their release from detention under the orders made under Rule 30 (1) (b) of the Defence of India Rules, 1962 (hereinafter called the Rules ). As some of the points raised in these petitions are common, was propose to dispose of them by a single judgment As, however, some of these petitions are based on some additional facts which are peculiar to them, we think that it would be proper to deal with them in three sub-groups The first subgroup consists of petitions Nos. 527, 558, 559, 582, 583, 584, 597, 598, 619 and 735: the second consists of petitions Nos. 405, 415 and 529, while the third consists of No. 402 only. We shall take up the first sub-group first,

(2.) AS illustrative of the category of cases of the first sub-group, we may state the facts of case No. 527 of 1965. The petitioner claims to be a follower of the Marxist Communist Party. By an order dated the 29th December, 1984, issued under Rule 30 of the Rules, his detention was ordered by the District Magistrate, Pali. The order runs as follows: "whereas, I, H. S. Ramani District Magistrate of Pall District, am satisfied with respect to Shri Mohan Puri S/o Sardar Puri alias Mathupuri, resident of Bali, Pali District that with A view to preventing him from acting in any manner prejudicial to the defence of India Civil Defence, the public safety and the maintenance of public order it is necessary to detain him. Now, therefore, in exercise of powers conferred by Clause (b) of Sub-rule (1) of Rule 30 of the Defence of India Rules. 1962, read with Order No. F. 7/1 (16) Home (AGr. I)/63 dated the 4th of November, 1963, made by the Government of Rajasthan, I hereby Order that the said Shri Mohan Puri be detained in Central Jail Jodhpur as a detenue of the C/2 class under the Rajasthan Conditions of Detention (Defence of India) Order, 1962. Sd/ (H. S. Ramani] District Magistrate, Pali. "

(3.) THE petitioner was arrested on the 30th December, 1964, and was thereafter lodged in the Central Jail, Jodhpur. Thereafter he has filed the present petition challenging his datention as illegal. The prinicipal points raised by him may be summarised as follows:-