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Issues Involved:
1. Preliminary Objection on the Hearing of Appeals 2. Legality of Detention Orders Served While in Jail 3. Satisfaction of the Detaining Authority 4. Authority of the Home Minister vs. Governor 5. Allocation of Business under Article 166 of the Constitution 6. Delegation of Powers under Section 40 of the Defence of India Act 7. Compliance with Section 44 of the Defence of India Act Issue-wise Detailed Analysis: 1. Preliminary Objection on the Hearing of Appeals: The State raised a preliminary objection, arguing that the appeals were infructuous as the original detention orders had been revoked and fresh orders issued. The Court distinguished this case from the Federal Court's decision in Keshav Talpade v. King Emperor, noting that the appellants were immediately re-arrested under new detention orders. The Court held that it was in the interests of justice to decide the points raised in the appeals as the appellants were still under detention and the legal questions were of general importance. 2. Legality of Detention Orders Served While in Jail: The appellants contended that the detention orders served while they were in jail were illegal, citing Rameshwar Shaw v. District Magistrate, Burdwan and Makhan Singh Tarsikka v. State of Punjab. The Court distinguished these cases, noting that the appellants were not under-trial prisoners or convicted persons but were detained under the Preventive Detention Act, and the duration of their detention depended on the State Government's approval. The Court held that serving the detention order in jail was valid and did not make the detention illegal. 3. Satisfaction of the Detaining Authority: The appellants argued that the detaining authority did not arrive at the required satisfaction under Rule 30 of the Defence of India Rules. The Court examined the detention order, which stated that it was necessary to make the order to prevent the appellants from acting prejudicially to the defence of India, public safety, and public order. The Court held that the language used in the order effectively conveyed the necessary satisfaction and rejected the appellants' argument. 4. Authority of the Home Minister vs. Governor: The appellants contended that the Governor, not the Home Minister, should have been satisfied with the detention order. The Court referred to the Rules of Business framed under Article 166 of the Constitution, which allocated preventive detention matters to specific departments. The Court found that the Chief Minister, who was in charge of both the General Administration Department and the Home Department (Special), had passed the order. Therefore, the contention under this head failed. 5. Allocation of Business under Article 166 of the Constitution: The appellants argued that the allocation of business made by the Governor in 1960 was not effective for the Defence of India Ordinance, Act, and Rules. The Court held that the allocation of business under Article 166(2) is made with reference to the three lists in the Seventh Schedule of the Constitution and covers all contingencies, including future legislation. Therefore, a fresh allocation was not necessary, and the contention failed. 6. Delegation of Powers under Section 40 of the Defence of India Act: The appellants argued that the State Government needed delegation from the Central Government to exercise power under Rule 30. The Court clarified that Rule 30 itself authorized the State Government to exercise the power, and no further delegation was necessary. Thus, this argument was rejected. 7. Compliance with Section 44 of the Defence of India Act: The appellants contended that the detention order did not show compliance with Section 44, which mandates minimal interference with ordinary avocations of life. The Court held that the order's necessity implied that detention was the only way to prevent prejudicial activities. The burden was on the detenu to show that the order exceeded the needs of the situation, which was not demonstrated in this case. Therefore, this contention also failed. Conclusion: The appeals were dismissed, and the Court upheld the validity of the detention orders and the procedures followed by the State Government.
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