ABDUL KAREEM Vs. COMMR AND SECRETARY TO GOVT

JUDGEMENT

(1.) This Writ Petition is filed for the issue of a writ of Habeas Corpus by the brother of the detenu, one C.K. Moosa. The Writ Petition was filed on 14-2-1994 for the issue of a writ of mandamus not to execute Ext. P3 order of detention dated 28-2-1990 issued by the State of Kerala, pending continuance of Ext. P1 stay order dated 13-11-1990, said to have been passed by the Calcutta High Court in Civil Order No.12643 (W) of 1990; the original of which, according to the respondents, is yet to be served on them by the Calcutta High Court. It is also prayed that a sum of Rs.10 lakhs is to be paid as compensation to the detenu for illegal custody and it is also stated that the detenu must be produced before this court and set at liberty by issuance of a writ of Habeas Corpus.

(2.) It may be noticed that this Writ Petition is not filed questioning the grounds of detention or on any of the points normally raised in a COFEPOSA Habeas Corpus Application, but is filed solely basing upon an order allegedly passed by the Calcutta High Court on 13-11-1990 restraining the State of Kerala from executing an order of detention dated 28-2-1990 passed against the detenu.

(3.) While the detenu has stated that the detention order has been executed by the State Government on or about 8-12-1993, it is submitted before us by learned Government Pleader that the order has been executed on 13-12-1993. As stated earlier, the Writ Petition is argued by learned counsel for the petitioner only on the basis of the stay order allegedly granted by the Calcutta High Court on 13-11-1990 and not on any other grounds.