Judgement

RAMASWAMI, J. : In this case the petitioner-Durgadas Shirali has obtained in a rule calling upon the respondents to show cause why a writ of habeas corpus should not be issued under Art. 32 of the Constitution directing his release from detention under an order passed by the District Magistrate of Bhilwara, Rajasthan under R. 30(1)(b) of the Defence of India Rules. Cause has been shown by the Advocate-General of Rajasthan on behalf of the respondents to whom notice of the rule was ordered to be given.

2. The petitioner was arrested on January 2, 1965 at Jaipur in pursuance of an order dated December 29, 1964 made by the respondent No. 3, Shri Narayan Das Mehta, District Magistrate of Bhilwara which states as follows:

"It is reliably brought to my notice that the Leftist Wing of the Communist Party has been carrying on anti-national and pro-Chinese propaganda and are preparing to act as Peking s member. The party having been formed at Peking s behest are preparing for widespread agitation with the object of establishing communist regime by subversion and violence. I, therefore, come to the irresistible conclusion that the Leftist Communist Party constitutes a real danger to e