Judgment

WANCHOO, J.: These three appeals on certificates granted by the Bombay High Court raise common questions of law and will be dealt with together. They arise out of three habeas corpus petitions filed by the appellants in the High Court under S.491 of the Code of Criminal Procedure challenging their detention under R. 30 of the Defence of India Rules (herein after referred to as the Rules). A large number of constitutional questions were raised in the applications and were decided by the High Court against the appellants. There appeals came up for hearing in August 1963 along with some other appeals from decisions of other High Courts, and the constitutional questions were decided by this Court on September 2, 1963, (see Makhan Singh Tarsikka v. State of Punjab, Cri. Appeal No. 80 of 1963, D/- 2-9-1963. It was held therein that the applications under S 491 (1) of the Code of Criminal Procedure were incompetent in so far as they sought to challenge the validity of the detention on the ground that the Defence of India Act and Rules framed thereunder suffer from the vice that they contravened the fundamental rights guaranteed by Arts. 14, 21, 22(4), (5) and (7). The other points