B.N.AGRAWAL, J. - (1.)This application is for issuance of a writ of habeas corpus after quashing the order of detention passed by the respondent-District Magistrate on 29-11-1988 in the exercise of powers conferred upon it under Sub-Sec. (2) of S.3 of the National Security Act, 1980 (Act No. 65 of 1980) (hereinafter referred to as'the Act'), contained in Annexure-1, and the order of the State Government confirming the same.
(2.)Necessary facts giving rise to this application are that on 2-1-1986 the respondent-District Magistrate in the exercise of powers under S.3(2) of the Act passed an order of detention (hereinafter referred to as "the first detention order" against the petitioner and the order was confirmed by the State Government. The detenu challenged his detention by filing a writ application before this Court, which was dismissed. Thereafter he moved the Supreme Court by filing a special leave petition against the order of dismissal of his writ application and after grant of special leave to appeal, an appeal was preferred by the detenu. He also filed a writ application under Art.32 of the Constitution challenging the said order of detention. The writ application and the appeal both were decided by the Supreme Court by judgement dated 26-9-1986 : (reported in AIR 1986 SC 2090 and the order of detention was quashed on the ground that the same was served upon the detenu in Jail while he was in custody in connection with a substantive criminal case and there was nothing to show that the detention authority was aware of the fact that the detenu was in Jail in connection with a substantive criminal case and he might be released on bail. It was observed by the Court that if the detaining authority is of the opinion that the detenu is likely to be released on bail in the substantive case, he may pass a fresh order of detention under S.3(2) of the Act on the same very materials which were the subject matter of the first order of detention.
(3.)Thereafter, when the detenu was still in custody in connection with substantive criminal cases and was going to be released on bail, he was served in Jail with a fresh order of detention passed by the respondent-District Magistrate on 12-10-1986 (hereinafter referred to as the second order of detention) in exercise of powers conferred upon it under S.3(2) of the Act on the same very grounds, which were subject-matter of the first detention order. The said detention order was challenged before the Supreme Court by filing a petition under Art.32 of the Constitution, but by order dated 7-1-1987 the writ application was dismissed, whereafter a writ application was filed before this Court by mother of the petitioner for issuance of a writ of habeas corpus on the ground that the detention of the petitioner from 9th of January, 1987 and onwards was unwarranted as under proviso to S.14(2) of the Act if on the same ground successive detention orders are passed, a person cannot be detained for a total period in excess of 12 months. It was held by a Bench of this Court, to which I was a Member, that for calculating the period of 12 months, which is the maximum period of detention under the provisions of the Act in the cases of like nature, the period of detention under both the detention orders, referred to above, which were passed on the same very grounds, shall be taken into consideration and that being so, the detention of the petitioner from 9th of Jan., 1987 and onwards became unwarranted. In view of the aforesaid facts this Court by its judgement dated 14-4-1987 : (reported in 1988 Pat LJR (HC) 982) directed the petitioner to be released forthwith if he was not required in connection with any substantive criminal case.