Judgement

WANCHOO, CJI. (also on behalf of J. C. Shah, R. S. Bachawat, V. Ramaswami, G. K. Mitter and K. S. Hegde JJ.): These twenty-one petitions under Article 32 of the Constitution for a writ of habeas corpus raise common questions of law and will be dealt with together. It is enough to set out the facts in one of the petitions (No. 142 of l967), for the facts in other petitions are almost similar. The petitioner was arrested on November 11, 1966 and detained under an order passed under R. 30 (1) (b) of the Defence of India Rules, 1962 (hereinafter referred to as the Rules). It appears that though the order was reviewed after the period of six months, no opportunity was given to the petitioner to represent his case before the reviewing authority. In consequence the detention of the petitioner became illegal after the first period of six months in view of the judgment of this Court in P. L. Lakhanpal v. Union of India AIR 1967 SC 1507. The State Government realising this defect, cancelled the order dated November 11, 1966 on August 3, 1967, and on the same day a fresh order of detention was passed and it is this order which is being challenged before us. It is not in dispute that