Before this, however, the security of India had been threatened by the Chinese invasion and an Emergency had been declared under Art.
This order was served on the appellants in jail.
Janardan Sharma and Appellant also, for the Appellant in Cr.
Appeals from the judgment and order dated May 31, 1963, of the Bombay High Court in Criminal Applications Nos.
It was challenged by the appellants by filing habeas companypus petition under Art.
CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos.
217, 218 and 114 of 1963.
109 111 of 1963.
226 of the Constitution and under s. 491 of the Code of Criminal Procedure.
A. No.
IV of 1950.
The matter was then reported to the Government.
A preliminary objection has however, been raised on behalf of the State to the hearing of these appeals on the ground that the orders under which the appellants were detained and which are under companysideration in these appeals had been revoked by the State Government and fresh orders of detention had been passed, and in companysequence these appeals had become infructuous.
109 110 of 1963 appeared in person.
S. Bindra and R. H. Dhebar, for respondents in Cr.
They arise out of three habeas companypus petitions filed by the appellants in the High Court under s. 491 of the Code of Criminal Procedure challenging their detention under r. 30 of the Defence of India Rules hereinafter referred to as the Rules .
A. Nos.
111 of 1963 .
The Judgment of the Court was delivered by WANCHOO J. These three appeals on certificates granted by the Bombay High Court raise companymon questions of law and will be dealt with together.
A large number of companystitutional questions were raised in the applications and were decided by the High Court against the appellants.
1 1 0 for the purposes of dealing with the points raised on behalf of the appellants.
The appellants in Cr.
Purushottam Trikamdas and R. H. Dhebar, for the respondents in Cr.
109 111 of 1963 .
The appellants were first detained on November 7, 1962 by an order made by the Commissioner of Police, Greater Bombay, under the Preventive Detention Act, No.
January 29, 1964.
against the earlier order of detention will apply equally to the fresh order of detention.
110 of 1963 .
A. Nos.
