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Issues Involved:
1. Validity of the Defence of India Act, 1939, and the rules made thereunder. 2. Whether Rule 26 of the Defence of India Rules is within the rule-making powers conferred by the Defence of India Act. 3. Interpretation of the term "reasonably suspected" in the context of detention. 4. Validity of the detention order issued by the Government of Bombay. Detailed Analysis: 1. Validity of the Defence of India Act, 1939, and the rules made thereunder The appellant contended that the Defence of India Act, 1939, and the rules made under it are ultra vires because the "defence of India" is not listed among the entries in Lists I, II, or III in the Seventh Schedule of the Constitution Act. The court noted that the Central Legislature has the power to legislate on matters indirectly connected with defence, such as entries Nos. 1 and 2 in List I and entry No. 34 in List III. Furthermore, Section 102 of the Act allows the Central Legislature to make laws for a Province or any part thereof during a grave emergency. The court concluded that entries in the Legislative Lists justify legislation on most matters covered by Section 2(1) and (2) of the Defence of India Act. The court agreed with the High Court of Bombay and the High Court of Allahabad that the Act is valid. 2. Whether Rule 26 of the Defence of India Rules is within the rule-making powers conferred by the Defence of India Act The court examined whether Rule 26, which allows detention if the Government is satisfied that it is necessary to prevent a person from acting in a prejudicial manner, is within the powers conferred by Section 2(2)(x) of the Defence of India Act. The court found that Rule 26 does not require the Government to have reasonable suspicions about the person's actions, which diverges from the statutory power to make a rule for the detention of persons reasonably suspected of certain activities. The court held that Rule 26 goes beyond the rule-making powers conferred by the Defence of India Act and is therefore invalid. 3. Interpretation of the term "reasonably suspected" in the context of detention The court considered whether "reasonably suspected" means suspected on grounds that appear reasonable to the detaining authority or on grounds that are in fact reasonable. The court noted that the term implies the existence of suspicions for which there is reasonable justification. However, the court did not express a final opinion on this point, as it found Rule 26 invalid on other grounds. 4. Validity of the detention order issued by the Government of Bombay The court expressed unease about the detention order, which recited the language of Rule 26 without distinguishing between the grounds for detention. The court doubted whether the appellant, described as an authorized petition writer, posed a danger justifying detention on multiple grounds. The court emphasized that the detention order must be based on reasonable suspicions as required by Section 2(2)(x) of the Defence of India Act. The court concluded that the order was invalid because it was made under an invalid rule. Conclusion: The court allowed the appeal and remitted the case to the High Court of Bombay with a direction to dispose of the appellant's application in light of the observations made in the judgment. The court expressed hope that future powers affecting the liberty of individuals would be defined with greater precision to reduce the risk of unlawful detention.
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