D.P. Uniyal, J. - (1.) These are petitions under Section 491, Criminal Procedure Code preferred on behalf of four persons detained under the Defence of India Rules, 1962. The facts relating to the detention of the petitioners in all these cases are almost similar and they may therefore be disposed of together.
(2.) On the 6th of February, 1963, the District Magistrate of Agra passed an order of detention under Rule 30(a) (b) of the Defence of India Rules. In pursuance of the said order the four detenus were arrested on the 8th of February, 1963. It appears that on the 2nd of February, 1963 the State Government had issued a Notification No. 810-XXV/CXA dated Lucknow February 2, 1963. By this Notification, the Governor of Uttar Pradesh constituted a reviewing authority for the purposes of sub-rule (4) (a) of Rule 30-A of the Defence of India Rules. The Secretary to Government, U.P. and the Commissioner, Lucknow Division were appointed as the reviewing authority for the purpose of the Defence of India Rules in cases of detention ordered, inter alia, by District Magistrates.
(3.) In pursuance of the Notification aforesaid a letter was addressed by the Home Secretary to U.P. Government on the 4th of February, 1963 to the District Magistrates investing their attention to the said Notification and asking them to submit forthwith to the Chief Secretary to Government, in the Confidential (A) Department, a report of the facts of detention along-with with the facts of the case and the material against person detained as required under sub-R. (5) of Rule 30-A, Defence of India Rules. This communication was received by the District Magistrate of Agra on the 9th of Feb. 1963. After the receipt of this communication, he sent a wireless message to the Home Secretary informing the latter about the detention of twelve persons including the four petitioners. It was said that a detailed report in respect of each of them would follow. Prior to this, the District Magistrate had addressed a communication to the Home Secretary on the 7th of February, 1963 informing him about the detention of the petitioners. The Home Secretary sent a copy of the said letter of the District Magistrate on the Chief Secretary in these terms:- "This is submitted for information. These cases of detention w ill be examined on the relevant files after the grounds of detention have been received. The cases will have to be referred to the reviewing authority." Thereafter on the 17th of February, 1963 the District Magistrate sent a report containing information about the detention and on the 25th of February, 1963 he sent another communication to the Chief Secretary containing not only information about the detention of the aforesaid persons but all the material and documents concerning each person detained.;