(1.) By this petition under Article 226 of the Constitution of India petitioner Karam Singh has questioned the validity of his detention, under section 3 of the National Security Act with authorized by the District Magistrate, Ghaziabad vide his order dated 25th October, 1982. The petitioner was actually arrested in pursuance of the impugned order on 26th October, 1982. The grounds for his detention were also served upon him at the time of his arrest. In due course a representation against the detention order was made under the signature of the petitioner and eventually the State Government after obtaining the opinion of the Advisory Board confirmed the order of his detention.
(2.) While the matter was pending before the Advisory Board the petitioner moved an application for a writ of habeas corpus questioning the validity of the detention order by means of a writ petition No. 12744 of 1982 filed on 10th November, 1982. That petition was eventually dismissed on 16th December, 1982. While dismissing that petition the bench observed that an application supported by at affidavit had been moved in which it had been stated that the order of detention had been revoked by the State Government on 9-12-1982. The petition had accordingly become anfractuous and was-dismissed accordingly.
(3.) The petitioner then moved the present petition contending that the application on the basis of which the earlier petition was dismissed had been moved under misapprehension and that the order of the petitioners detention had in fact not been revoked. This submission by the petitioner appears to be correct inasmuch as the case of the respondent also is that the order for petitioners detention does not stand revoked.