SADIQ Vs. UNION OF INDIA

JUDGEMENT

(1.) These three writ petitions are a part of a bunch of seven writ petitions.

(2.) By our order dated September 15, 1977, we accepted four writ petitions (Criminal Writ Petition Nos. 53,(1) 54,(2) 55,(3) and 56(4) of 1977) and ordered the release of those four petitioners. These three writ petitioners also seek writs of habeas corpus challenging the validity of their detention. At the conclusion of the hearing on October 4, 1977, we announced our decision.. We accepted the writ petitions, made the rule absolute and issued a writ of habeas corpus in each of these three cases directing the respondents to set these petitioners at liberty forthwith, if not required in any other case. Now we give our reasons.

(3.) In these three cases the Additional District Magistrate passed three separate orders of detention in respect of each of the three petitioners in April 1977 under sub-clause (i) of clause (a) of subsection (1) of section 3 of the Maintenance of Internal Security Act 1971 (26 of 1971) (the Act) directing that the petitioners be detained on the ground that it was necessary to do so with a view to preventing them "from acting in any manner prejudicial to the security of India". Immediately they were served with the grounds of detention.