Mohd. Ibrahim Mohd. SasIn Vs. State of Maharashtra - Court Judgment

Excerpt:

- [e.s. venkataramiah and; m.m. dutt, jj.] -- preventive detention — detention order — passed immediately after revocation of the earlier order on the basis of report of advisory board — state government failing to defend its action despite two adjournments given by the court — held, further detention of the petitioner would be unconstitutional in the circumstances -- even though two adjournments were given to the state government no counter-affidavit is filed in this case by the state government. the petitioner has questioned the second order of detention dated november 28, 1985. the respondent, state government of maharashtra is directed to release the petitioner forthwith. - the text below is only a summarized version of the order pronounced despite opportunities the state government failed to defend its action by not filing counter affidavit.e.s. venkataramiah and; m.m. dutt, jj.1. even though two adjournments were given to the state government no counter-affidavit is filed in this case by the state government. the petitioner was detained under the national security act on july 10, 1985. subsequently, the order of detention was revoked by the government of maharashtra on the report of the advisory board dated november 28, 1985. we are informed that immediately after that order of detention was revoked the petitioner was detained under an order dated november 28, 1985. the petitioner has questioned the second order of detention dated november 28, 1985. even though an opportunity was given to the state government to defend its action as stated earlier it has not done so. in the circumstances, we feel that any further detention of the petitioner is unconstitutional. the respondent, state government of maharashtra is directed to release the petitioner forthwith. the writ petition is accordingly allowed.2. a copy of this order shall be sent to the state government immediately.