C. Chatterjee, M. R. K. Pillai, M. S. K. Aiyangar, D. Singh, R. K. Garg, S. C. Agarwala, M. K. Ramamurthi, for the petitioner in W.P. No.
Petitioner in W.P. No.
53 appeared in person.
The Judgment of the Court was delivered by Wanchoo, J. These two petitions under Art.
The petitioners are members of the Left Communist Party and were ordered to be detained along with others numbering 140 in all under r. 30 1 b of the Defence of India Rules hereinafter referred to as the Rules by orders of the Governor of Kerala passed on December 29, 1964.
In pursuance of these orders the petitioners were arrested on December 30, 1964.
At that time the State of Kerala was being governed by virtue of the Proclamation of the President dated September 10, 1964.
In order to damage the prospects of the Left Communist Party in the election and to improve that of the Congress Party these orders of detention were made under the Rules.
After the elections were over, the Left Communist Party emerged as the largest single party.
There was an apprehension that if the Proclamation was withdrawn and a party government came into power in the State, the petitioners and others like them might be released.
Consequently it is said that on March 4.
It is said that the Governors order dated December 29, 1964 having been cancelled on March 4, 1965 came to an end that day while the Presidents order having been served on the petitioners on March 6, 1965 began from that day and therefore there was numberwarrant for detention between March 4 and March 6, 1965.
the petitioners and others like them.
It is further urged that the order of cancellation was passed on March 4, 1965 and so was the new order of detention but both these orders were served on them on March 6, 1965.
51 and 53 of 1965.
The said orders have number been specifically challenged as they were number in force when the petitions were made.
ORIGINAL JURISDICTION Writ Petitions Nos.
Petitions under Art.
