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1967 Supreme(SC) 74

J.M.SHELAT, G.K.MITTER, M.HIDAYATULLAH
P. L. Lakhanpal – Appellant
Versus
Union Of India – Respondent


Advocates:
R.H.Dhebar, R.N.SACH, S.S.JAVALI

Judgement

SHELAT, J. : The petitioner was arrested by an order, dated December 10, 1965 under R. 30 (1) (b) of the Defence India Rules, 1962 and was detained in Central Jail, Tehar. New Delhi. On the 24th December 1965, he filed writ petition No. 47 of 1966 in this Court challenging his detention, inter alia, on the grounds that (1) Rule 30 (1) (b) was ultra vires S. 3 (2) (15) (i) of the Defence of India Act, (2) that R. 23 of the defence of India (Delhi Detenues) Rules, 1964 gave him a right to make a representation by providing review of the said detention order and that his said right was disregarded by his having been prevented from making such representation (3) that the said order was in breach of S. 44 of the Act, and (4) that it was made in mala fide exercise of power. That petition was dismissed on April, 19, 1966. The petitioner was thereafter served with an order, dated June 11, 1966 passed by the Central Government under R. 30-A (9) of the said Rules. The said order, inter alia, stated that " the said detention order has been reviewed by the Central Government and upon such review the Central Government hereby decides that Shri P. L. Lakhanpal should continue to be deta































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