Judgement

S. R. DAS, CJI. - This is a petition under Art .32 of the Constitution of India praying for an order that the petitioner s detention be declared illegal and that he be set at liberty. The facts are shortly as follows:

2. On 30-6-1954 the petitioner was arrested in pursuance of an order of detention made on the same day under the Jammu and Kashmir Preventive Detention Act No.4 of Sambat 2011. On 1-7-1954 the grounds on which the order had been made were communicated to the petitioner. On 12-7-1954 the petitioner submitted his representation to the Government. Not having heard anything further in the matter, the petitioner made an application to the High Court of Jammu and Kashmir under S.491 of the Code of Criminal Procedure. It appears that the Government had reviewed the case of the petitioner under sub.s.(2) of S.14 in consultation with a person nominated for the purpose, on 23-8- 1954 and was satisfied that he should continue to be detained. Accordingly during the pendency of the habeas corpus petition before the High Court the Government on 23-12-1954 made an order under S.14 continuing the detention of the petitioner. Thereafter the petitioner moved the Vacation Judge