Judgment

SARKAR, CJI. : The petitioner, Puran Lal Lakhanpal was arrested and detained under Cl. (b) of sub-r. (1) of R. 30 of the Defence of India Rules 1962 by an order passed on December 10 1965 and directed to be detained in Central Jail Tehar, New Delhi. The order stated that :

"Whereas the Central Government is satisfied that with a view to preventing Shri P. L. Lakhanpal, son of late Shri Diwan Chand Sharma, ................from acting in a manner prejudicial to the Defence of India and Civil Defence, public safety and the maintenance of public order, it is necessary that he should be detained;

Now, therefore, ..................... the Central Government hereby directs that the said Shri. P. L. Lakhanpal be detained." He has moved this Court under Art. 32 of the Constitution by a petition presented on December 24, 1965 for a writ of Habeas Corpus directing his release. He challenges the legality of the detention order on various grounds which we now proceed to consider.

2. The first ground is that R. 30 (1) (b) is ultra vires S. 3 (2) (15) (i) of the Defence of India Act under which the Rules were made. Sub-s. (1) of S. 3 contains the general power to make rules for certain purp