Judgement

WANCHOO, J. : This petition for a writ of habeas corpus under Art. 32 of the Constitution was heard by us on December 7, 1965. We then directed the release of the petitioner and indicated that reasons will follow later. We proceed to do so now.

2. The petitioner was detained by an order issued under R. 30(1)(b) of the Defence of India Rules (hereinafter referred to as the Rules) by the Government of Orissa on December 29, 1964. He raised a number of ground challenging his detention. It is unnecessary to refer to all the grounds raised by the petitioner. It is enough to say that one of the ground raised by him was that the order of detention passed by the State Government was not based upto the satisfaction of the Government. The order was in these terms :

"Order No. 8583/C, Bhubaneswar, the 29th December 1964.

Whereas the State Government is satisfied that with a view to preventing Shri Jagannath Misra, son of Biswanath Misra village Bhandari-Sahi P. S. Parlakemedi district Ganjam, from acting in any manner prejudicial to the defence of India and civil defence, the public safety, the maintenance of public order, India s relations with foreign powers, the maintenance of peacef