(1.) THE petitioner challenges, by means of this writ petition filed under Article 226 of the Constitution of India, his detention ordered by respondent No. 2, namely, Commissioner of Police, Delhi, on 9th September, 1988 in exercise of power under section 3(2) of the National Security Act (hereinafter referred to as the Act) and seeks issuance of writ of habeas corpus for his release, after his detention in execution of the aforesaid detention order on 14th September, 1988.
(2.) THE writ petition generally assails the legality as well as sustainability of the detention order on the allegation that it was passed in arbitrary, mala fide and colourable exercise of power, for ulterior and collateral reasons, and that the order as well as the ground of detention suffers from vice of staleness, vagueness and irrelevance, and also for the reason that the order of detention was passed on extraneous material and irrelevant considerations, and that the reasons set out as justification for detention were outside the scope and ambit of the provisions of the Act.
(3.) THE learned counsel opened the arguments, which were subsequently taken up by Ms. Chaudhry and set out grounds to impeach the detention order First of all, he argued that none of the instances enumerated in the grounds of detention, served on the detenu indicated any case which had implications of public order, and as such the subjective satisfaction, if any, was reached by the detaining authority on extraneous and irrelevant material, as well as general and vague allegations.
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