Judgement

WANCHOO, J.: These two petitions under Art. 32 of the Constitution for a writ of habeas corpus raise common questions and will be dealt with together. The main points raised in these petitions have been dealt with in K. Ananda Nambiar v. Chief Secretary, Government of Madras, Writ Petns. Nos. 47 and 61 of 1965: (AIR 1966 SC 657), in which judgment is being delivered today. It remains now to consider the other points that arise specially in these petitions.

2. The petitioners are members of the Left Communist Party and were ordered to be detained along with others numbering 140 in all under R. 30 (1) (b) of the Defence of India Rules (hereinafter referred to as the Rules) by orders of the Governor of Kerala passed on December 29, 1964. In pursuance of these orders the petitioners were arrested on December 30, 1964. At that time the State of Kerala was being governed by virtue of the Proclamation of the President, dated September 10, 1964. By this Proclamation the President assumed to himself all functions of the Government of the State of Kerala and all powers vested in or exercisable by the Governor of that State and declared that the powers of the legislature of the said S