SHARFUDDIN AHMED
K. V. Subba Rao – Appellant
Versus
State Of A. P. – Respondent
( 1 ) THIS is a petition challenging the order of detention made by the Government of Andhra Pradesh on the 10th of November, 1965 under the Defence of India Rules, 1962 against the petitioner and seeking his release by an order in the nature of habeas corpus under Section 491 Criminal Procedure Code. The order, G. O. Ms. No. 2012 (General Administration SCD Department) dated 10th November, is to the following effect:"whereas the Government of Andhra Pradesh are satisfied with respect to the person known as Shri K. V. Subbarao son of Sri Veerayya that with a view to preventing him from acting in any manner prejudicial to the defence of India and civil defence and the efficient conduct of military operations, it is necessary to make the following order:- Now, therefore, in exercise of the powers conferred by sub-rule (1) of Rule 30 of the Defence of India Rules, 196 2, the Governor of Andhra Pradesh hereby directs that the said Sri K. V. Subbarao be detained. (By Order and in the name of the Governor of Andhra Pradesh) Sd: K. N. Anantaraman. 10-11-1965 Chief Secretary of Government. "
( 2 ) THE petitioner in his affidavit stated that with the proclamation of emer
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