Interim bail in preventive detention cases is available, but only through narrowly circumscribed habeas corpus jurisdiction.

A court entertaining a habeas corpus petition may grant interim relief that is auxiliary to the final relief, so a High Court has jurisdiction to consider interim bail in proceedings challenging preventive detention under Rule 30. That power, however, is narrowly confined by the special nature and object of preventive detention, the limited scope of judicial review, and the need for caution against undermining the detention scheme. Interim bail should not be granted lightly or on an incomplete appraisal of disputed grounds such as mala fides. The appeal failed and the order under challenge was left undisturbed.

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Issues: Whether, in a habeas corpus petition under Article 226 of the Constitution of India challenging detention under Rule 30 of the Defence of India Rules, the High Court has jurisdiction to grant interim bail pending final disposal of the petition.

Analysis: The power to grant interim relief follows the existence of jurisdiction to grant the main relief. A court entertaining a habeas corpus petition may, in principle, make interim orders that are auxiliary to the final relief, and the fact that the detention is under Rule 30 does not by itself exclude that power. At the same time, the nature and object of preventive detention, the limited scope of judicial review, and the need to avoid undermining the detention scheme require great caution in exercising that jurisdiction. Interim bail in such matters should not be granted lightly or on an incomplete appraisal of disputed grounds such as mala fides.

Conclusion: The High Court does have jurisdiction to grant interim bail in such proceedings, but the power is narrowly circumscribed and must be exercised with restraint and regard to the special considerations arising from preventive detention.

Final Conclusion: The appeal failed, and the order under appeal was left undisturbed.

Ratio Decidendi: Where a court has jurisdiction to grant final relief in habeas corpus proceedings, it also has jurisdiction to grant interim relief that is auxiliary to that relief, but in preventive detention matters the exercise of that power is confined by the special nature and object of the detention.

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