1. Special leave granted

2. Heard both sides. According to us, all that the impugned judgment holds is that an order passed under Section 18 of the Army Act can be challenged on the ground of mala fides. This statement of law is unexceptional. However, it is for the person who challenges it on the ground of mala fides, to make out a prima facie case in that behalf. It is only if he discharges the said burden, that the Government is called upon to show that it is not passed in the mala fide exercise of its powers. While doing so, the Government is not precluded from claiming the privilege in respect of the material which may be in its possession and on the basis of which the order is passed. The Government may also choose to show the material only to the court. With regard to the pleadings in respect of the challenge to the order on the ground of mala fides, no particular formula can be laid down. The pleadings will depend upon the facts of each case

3. The appellants are permitted to withdraw from the appeal-memo, pp. 221 to 232 which according to the learned Solicitor General have been annexed to the memo inadvertently

4. The appeals are disposed of accordingly with no order as to costs.