Judgement

SHAH, J.: In exercise of the powers conferred by R. 30 (1) of the Defence of India Rules, 1962, the District Magistrate, Delhi, ordered that the petitioner be detained in the Central Jail, New Delhi. On September 11, 1964 the District Magistrate informed the petitioner that the Administrator, Union Territory of Delhi, - hereinafter called the Administrator - had reviewed the detention order, dated September 5, 1964, and had confirmed the same. On April 12, 1965 the petitioner moved this Court for an "order setting aside the detention" and for an order for his release. He submitted, inter alia, that the District Magistrate had made the order for a collateral purpose that there was nothing on the record to show that the District Magistrate reported forthwith the detention of the petitioner to the Administrator, or that the Administrator had reviewed the detention of the petitioner as required by law; and that in default of a "proper review" of the detention order by the Administrator under R. 30-A (8) of the Defence of India Rules, 1962, detention of the petitioner after six months from the date of the original order was unauthorised.

2. The District Magistrate, Delhi, swore