Judgement

SARKAR, J.: Dr. Ram Manohar Lohia, a member of the Lok Sabha, has moved the Court under Article 32 of the Constitution for a writ of habeas corpus directing his release from detention under an order passed by the District Magistrate of Patna. The order was purported to have been made under R. 30 (1) (b) of the Defence of India Rules, 1962.

Dr. Lohia, who argued his case in person, based his claim to be released on a number of grounds. I do not propose to deal with all these grounds for I have come to the conclusion that he is entitled to be released on one of them and to the discussion of that ground alone I will confine any judgment. With regard to his other grounds I will content myself only with the observation that as at present advised. I have not been impressed by them.

The order of detention runs thus:

""Where I, J. N. Sahu, District Magistrate, Patna, am satisfied........that with a view to preventing him from acting in any manner prejudicial to the public safety and the maintenance of law and order, it is necessary to make an order that he be detained. Now, therefore, in exercise of the powers conferred by clause (b) of sub-rule (1) of rule 30 of the Defence of India