TMT AMSA Vs. STATE

JUDGEMENT

(1.) BOTH the habeas corpus petitions arise out of a common ground case and by the respective order dated 15. 07. 2004, the two detenus have been detained as Goondas under Act 14 of 1982.

(2.) BOTH the petitions have been taken up together in view of the fact that common questions are involved. In view of the fact that we are in agreement with the following points raised by the learned counsel for the petitioners, we are not dealing with the other contentions raised by the learned counsel.

(3.) IT is stated that though the detention order was passed on 15. 07. 2004 and served on the detenus on 16. 07. 004, an amended order dated 24. 07. 2004 was served on both of them on 25. 07. 2004. Learned counsel for the petitioners contends that the detention order is vitiated on two grounds, viz. , (i) the amended order was served beyond the statutory period of five days and (ii) the amended order did not contain the signature of the detaining authority, who was the competent authority.