Judgement

WANCHOO, CJI. :-These two petitions under Article 32 of the Constitution raise common questions of law and will be dealt with together. The petitioners were detained under Rule 30 (1) (b), Defence of India Rules, 1962 (hereinafter referred to as the Rules), under orders of the Government of Jammu and Kashmir in March, 1965. Their detention was continued from time to time after review under Rule 30A. One of such reviews was made in February, 1967. At that time the scope of review was governed by judgment dated June 1, 1965 of Shah, 1. (Vacation Judge) in Sadhu Singh v. Delhi Administration, (1966) I SCR 243 In that case it was field that Rule 80A relating to review did not require a judicial approach to the question of continuance of detention. No opportunity therefore was given to the petitioners to represent their cases when the review was made in February 1967, and their detention was continued for a further period of six months. Then came the judgment of this Court in P. L. Lakhanpal v. Union of India, W. P. No. 258 of l966, D/- 7-3-1967 . That judgment overruled the decision of Shah, J. and held that the function of review under Rule 30A was quasi judicial and therefor