- (1.) THESE are two habeas corpus writ petitions under Article 226 of the constitution (1) by Manoranjan Mukherjee and (2) by Ramsingh against their detention under clause (b) of Sub-rule (1) of Rule 30 of the Defence of India Rules, 1962, (hereinafter called the Rules) As certain, common questions of law are raised in these petitions, we proceed to dispose of them together by this judgment.
(2.) BEFORE we set out these questions, we may state the facts of Manoranjan mukherjee's ease briefly. By his order No. 7 dated the 2nd January, 1965, manoranjan Mukherjee was ordered to be detained in the Central Jail at Jaipur as a detenu under Clause (b) of Sub-rule (1) of rule 30 of the Rules read with notification No. F. 7/1 (16) Home (A-Gr. I)/63, dated the 4th November, 1963, by the District Magistrate, Jaipur, as the said authority was satisfied with respect to him that with a view to preventing him from acting in any manner prejudicial to the defence of India, civil defence public safety and maintenance of public order, it was necessary to detain him. This order was confirmed by the State Government by its order No. F. 7/1 (10) Home (A-Gr. 1)/65 dated the 6th February, 1965, under Clause (a) of Sub-rule (6) of Rule 30a of the Rules. Thereafter his case was reviewed by the Reviewing Authority and a continuation of his detention having been recommended by it the same was ordered to be continued by an order of the state Government dated the 24th June, 1965, under Sub-rule (7) of Rule 30a of the Rules. By a subsequent order dated the 14th December, 1965, issued under the signature of the Deputy Home Secretary to the Government, by order of the governor, the petitioner's detention was ordered to be continued further. As the validity of this order has been the subject-matter of every considerable controversy before us, we reproduce this order in extenso here "government OF RAJASTHAN (Home 'a' Department) No. F 7 (1) (10) Home (A-Gr. I)/65 dated Jaipur the 14th Dec. , 1965. ORDER whereas Shri Manoranjan Mukherjee s/o Makhan Lal resident of jhatwara District Jaipur was detained under Rule 30 (1) (b) of the defence of India Rules, 1962, under District Magistrate, Jaipur's order dated 2-1-1965 confirmed by this Department order of even number dated 6-2-1965. And whereas on a review last made, it was ordered on 24-6-65 that the said detention order be continued; now, therefore, in exercise of the powers conferred by Sub-rule (7) of rule 30-A of the Defence of India Rules, 1962, the Governor of rajasthan is pleased to order that the said order of detention of said Shri manoranjan Mukherjee be continued. By order of the Governor (H. S. Rawat)Deputy Secretary to the Government. " The petitioner moved the present application from jail on the 26th October, 1965, which was received here on the 3rd November, 1965. While the case was pending for hearing, the State Government by its order dated the 8th March, 1966, under the signature of the Home Secretary, by order of the Governor, issued what is called a 'corrigendum' to the order dated the 14th December, 1965, which we have reproduced in extenso above. This order reads as follows: "corrigendum. In the last para of the Government order No. K. 7/1 (10) Home (A-Gr. I)/65 dated the 14th December, 1965, the words "on further second review" were inadvertently left out whereas as a matter of fact, the second review was made by the State Government on the recommendations of the Reviewing Authority. The Government is, therefore, pleased to order corrigendum of the aforesaid order. The last para beginning with the words "now, therefore. . be continued". should be read as follows: "now, therefore, in exercise of the powers conferred by Sub-rule (7) of Rule 30a of the Defence of India Rules. 1962 governor, on a further second review, accepted the recommendations of the Reviewing Authority and is pleased to order that the said order of detention of the said Shri manorajan Mukherjee be continued. By order of the Governor, sd/- (Shivshankar)Home Secretary to Government of Rajasthan. " The corrigendum was placed on the record before us on the 11th March, 1966.
(3.) THE facts in Ramsingh's case are exactly alike except that his detention was ordered on the 30th December, 1964, by the District Magistrate, Ganganagar. It may also be conveniently pointed out at this stage that the Reviewing Authority under Sub-rule (4) of Rule 30a consists of the Chief Secretary and a member of the Board of Revenue. See Home 'a' Department Notification dated the 5th november, 1963, published in the Rajasthan Gazette Extraordinary dated the 7th november, 1963.;