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1965 Supreme(All) 349

H. C. P. TRIPATHI, T. RAMABHADRAN
Ram Nath Singh – Appellant
Versus
Supdt. Distt. Jail, Ghazipur – Respondent


JUDGMENT

H.C.P. Tripathi, J. - These petitions under Section 491 of the Code of Criminal Procedure read with Article 226 of the Constitution of India challenging the validity of the orders dated August 1, 1965, which are similar in nature passed by the Government of India under rule 30, sub-rule (i), clause (b) of the Defence of India Rules, 1962, directing the detention of the petitioners, raise common questions of law and facts and can be conveniently disposed of together.

2. The undisputed facts which are relevant to the questions in controversy are stated briefly.

3. The petitioners are active members of the Communist Party in India. They were first arrested and detained in various jails in the State of Uttar Pradesh in pursuance to the orders passed in the name of the Governor of Uttar Pradesh under rule 30(1) (b) of the Defence of India Rules. In the case of some of these petitioners the order of detention was reviewed by the authorities and their detention was continued.

4. A number of writ petitions were filed in this Court challenging the order of detention passed by the State Government under the Defence of India Rules inter alia on the assertions that the State Government

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