Judgment

GAJENDRAGADKAR, J. : The detenu Makhan Singh Tarsikka whose habeas corpus petition has been dismissed by the Punjab High Court, has brought this appeal before us by special leave. It appears that on October, 22, 1962, F. I. R. was filed at the police Station, Jandiale, alleging that offences under Ss. 307, 324, 364 and 367 I. P. C. had been committed by certain persons including the appellant. In pursuance of the investigation which commenced on receipt of the said F.I.R. the appellant was arrested on October 25, 1962. On October 26, 1962, Emergency was declared by the President. On November 1, 1962, the appellant was transferred to judicial custody of the Sub-Divisional Magistrate, Amritsar. Whilst the appellant was in jail custody, he was allowed to interview his friends and about nine persons interviewed him between 3rd November to 19th Nov. 1962. On November 20, 1962 an order of detention was passed against the appellant under Rule 30(1) (b) of the Defence of India Rules, 1962 (hereinafter called the Rules ) This order was served on the appellant on November 21, 1962 and it appears he was removed to the jail at Hissar. On January 30, 1963, he was brought back to Amrit