MAHIPAL ALIAS LEELU Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner by this petition filed under Article 226/227 of the Constitution of India read with Section 226/227 of the Constitution of India read with Section 482 Cr.P.C. seeks a writ of habeas corpus or any other writ for quashing the order of detention dated 26th Sept., 1994 passed by Commissioner of Police, respondent No.2 herein, under Section 3(2) of the National Security Act (hereinafter referred to as the Act).

(2.) The petition has assailed the order of detention dated 26.9.1994 (hereinafter referred to as the impugned order) inter alia on the ground that the grounds of detention are essentially the same as those of earlier detention order dated 10.7.1992 and 29.10.1992, which were revoked. It is also urged that the grounds of detention are state and have no live link with the order of detention.

(3.) For a proper appreciation of the petition's contentions, let the facts in brief based on the pleadings and record be noted. These are as under :