MEHAR SINGH, J.

1. This is a petition by Ram Kumar petitioner under Article 226 of the Constitution and Section 491 of the Code of Criminal Procedure for a writ of Habeas corpus for the production and release of Abdulla Shaukat Detenu from his detention, which is claimed to be unlawful. The petitioner asserts that he is a friend of the detenu.

2. The District Magistrate of Delhi, respondent, made an order on July 25, 1964, under Rule 30(1)(b) of the Defence of India Rules, 1962, for detention of the detenu stating in the order that he was satisfied from information received, that it is necessary to detain Shri Abdulla Shaiikat, son of Shri Karamat Ali Khan, resident of 4416, Gali Shahtara, Ajmeri Gate, Delhi, with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. Pursuant to that order the detenu was arrested on November 17, 1964, and since then is detained in Central Jail, Tehar (New Delhi).

3. On December 28, 1964, one Babu, claiming to be partner in business and pairokar of the detenu, moved an application under Section 491 of the Code of Criminal Procedure for release of the detenu. In that application he alleged that in