S. Kasliwal, Advocate General, Rajasthan and R. N. Sachthey, for respondent number 2.
K. Garg, M. K. Ramamurthi, S. C. Agarwal and D. P. Singh, for the petitioner.
The Judgment of the Court was delivered by Ramaswami, J. In this case the petitioner Durgadas Shirali has obtained a rule calling upon the respondents to show cause why a writ of habeas companypus should number be issued under Art.
32 of the Constitution directing his release from detention under an order passed by the District Magistrate of Bhilwara, Rajasthan under Rule 30 1 b of the Defence of India Rules.
95 of 1965.
ORIGINAL JURISDICTION Writ Petition No.
I am also satisfied from the report that Shri Durgadas Shirali of Bhilwara is the Secretary of the Leftist Wing of the Communist Party and he is likely to act in manner which is prejudicial to the Defence of India and Civil Defence, Indias relations with Foreign powers, public safety and the maintenance of the public order.
I /65 dated January 22, 1965.
The party having been formed at Pekings behest are preparing for widespread agitation with the object of establishing companymunist regime by subversion and violence.
The petitioner was arrested on January 2, 1965 at Jaipur in Pursuance of an order dated December 29, 1964 made by res Pondent number 3, Shri Narayan Das Mehta, District Magistrate of Bhilwara which states as follows It is reliably brought to my numberice that the Leftist wing of the Communist Party has been carrying on antinational and pro Chinese propaganda and are preparing to act as Pekings member.
1, therefore, companye to the irresistible companyclusion that the Leftist Communist Party companystitutes a real danger to external and internal security of the companyntry and that it has become necessary to take immediate action.
I, Narayan Das Mehta, District Magistrate, Bhilwara in exercise of the powers delegated to me under rule 30 1 clause b of the Defence of India Rules 1962 vide Government of Rajasthan Notification No.1 F. 7/1 16 Home A.Cr.
Petition under Art.
