DURGADAS SHIRALI versus UNION OF INDIA AND OTHERS

Citation: [1966] 2 S.C.R. 573 · Decided: 12-11-1965 · Supreme Court of India · Bench: P.B. GAJENDRAGADKAR · Disposal: Dismissed

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Judgment (excerpt)

A 
B 
c 
D 
E 
F 
G 
[P. 
DURGADAS SHIRALI 
v. 
UNION OF INDIA AND OTIIERS 
November 12, 1965 
B. 
GAJENDRAGADKAR, 
C.J., K. 
N. 
M. HIDAYATULLAH, 
V. 
RAMASWAMI 
P. SATYANARAYANA RAJU, JJ.] 
WANCHOO, 
AND 
573 
Defence of India Rules, 1962, rule 30---Detention under-Membership 
of a political party not declared illegal whether relevant consideration for 
ordering detention. 
The petitioner was detained under rule 30 of the Defence of India 
Rules 1962, by an order of the District Magistrate and the necessary forma-
lities were gone through. He filed a petition under Art. 32 and contended : 
(1) The order of the District Magistrate was mala fide as he had not applied 
his mind to the specific activities of the petitioner and there was complete 
absence of material before him to suggest that the conduct of the petitioner 
would be prejudicial to the defence of India etc. 
(2) One of the grounds 
of detention mentioned in the order ·.vas that the petitioner was a member 
of the Leftist Communist Party of India and Secretary of one of its bran-
ches. This consideration was not relevant as the said party had not been 
declared illegal or banned by the Government. 
HELD: (i) It was open to the petitioner to challenge his detention on 
the ground of ma/a fide or on the ground that all or any of the grounds 
mentioned in the order of detention were irrelevant. Such pleas were not 
covered by Art. 358 and were outside the purview of the · Presidential 
Orders under Art. 359(1). [576 DJ 
Makhan Singh Tarsikka v. State of Punjab, [1964] S.C.R. 797 referred 
to. 
(ii) Taking into account the affidavit filed by the District Magistrate it 
could not be said that he did not apply his mind to the specific activitieo of 
the petitioner or that '111ere was no material before him to 
jugtify the 
order. [577 CJ 
(iii) It was not correct to State that the activities of the Leftist wing 
of the Communist Party cannot in any circumstances be illegal and would 
necessarily be irrelevant merely because the Government of India has not 
declared the Party illegal or imposed a ban. 
In the light of the reports 
received by the District Magistrate the political association of the petitioner 
and his membership of a particular political group was a relevant conside-
ration in the matter of detention of the petitioner. This ground had close 
and proximate connection with the security of State and maintenance of 
public order as contemplated by rule 30 of the Defence of India Rules. [578 
A-C] 
ORIGINAL JURISDICTION: Writ Petition No. 95 of 1965. 
Petition under Art. 32 of the Constitution of India for enforce-
ment of Fundamental Rights. 
R. K. Garg, M. K. Ramamurthl, S. C. Agarwal and D. P. 
H 
Singh, for the petitioner. 
G. S. Kas/iwal, Advocate-General, Rajasthan and R. N. Sach-
they, for respondent no. 2. 
574 
SUPREME COURT REPORTS 
[1966] 2 S.C.R. 
The Judgment of the Court was delivered by 
Ramaswami, J, In this case the petitioner-Durgadas Shirali 
has obtained a rule calling upon the respondents to show cause 
why a writ of habeas corpus should not be issued under Art. 32 
A 
of the Constitution directing his release from detention under an 
order passed by the District Magistrate of Bhilwara, Rajasthan B 
under Rule 30( 1 )(b) of the Defence of India Rules. Cause has 
been shown by the Advocate-General of Rajasthan on behalf of 
the respondents to whom notice of the rule was ordered to be 
given. 
The petitioner was arrested on January 2, 1965 at Jaipur in 
pursuance of an order dated December 29, 1964 made by res-
C 
pendent no. 3, Shri Narayan Das Mehta, District Magistrate of 
Bhilwara which states as follows : 
"It is reliably brought to my notice that the Leftist 
wing of the Communist Party has been carrying on anti-
national and pro-Chinese propaganda and are preparing 
to act as Peking's member. 
The party having been 
formed at Peking's behest are preparing for widespread 
agitation with the object of establishing communist 
regime by subversion and violence. I, therefore, come 
to the irresistible conclusion that the Leftis~ Communist 
Party constitutes a real danger to external and internal 
security of the country and that it has become necessary 
to take immediate action. 
I am also satisfied from the report that Shri Durga-
das Shirali of Bhilwara is the Secretary of the Leftist 
Wing of the Communist Party and he is likely to act 
in manner which is prejudicial to the Defence of India 
and Civil Defence, India's relation

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