VASANTI A.NAIK, D.G.PALEKAR
Anant Baburao Sawant and Ors. – Appellant
Versus
State – Respondent
(1) These 84 applications, which have been filed by the detenus under Section 491 of the Criminal Procedure code and Art. 226 of the Constitution of India, for a writ of habeas corpus, raise common questions of fact and law and can, therefore, be conveniently disposed of by a common judgment.
(2) For deciding the material points raised in these applications, a few facts, which are, more or less, common with variations of dates and other minor details which do not affect the decision of the case, may be outlined as follows:
(3) The general pattern of the facts in all these cases is as follows: On 29th December 1964, orders of detention were passed by the Commissioner of Police against some of the detenus under Rule 30 (1) (b) of of Defence of India Rules, 1962, framed by virtue of Section 3 of the Defence of India Act, 1962. In some cases, these orders were passed on 30th December 1964. In respect of the applicants in Criminal Applications Nos. 465 to 481 of 1965, the orders of detentions were passed by the District Magistrate, Thana, on 29th December 1964. It can be stated in a general way that all the applicants had made applications under Section 491, Criminal Pr
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