MOHAMMAD IBRAHIM MOHAMMAD SASIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(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 10/07/1985. Subsequently, the order of detention was revoked by the government of Maharashtra on the report of the Advisory Board dated 28/11/1985. We are informed that immediately after that order of detention was revoked the petitioner was detained under an order dated 28/11/1985. The petitioner has questioned the second order of detention dated 28/11/1985. 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.