NAFIS Vs. U P STATE

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India is for issue of a Writ of Habeas Corpus to set the petitioner Nafis Ahmad at liberty by quashing the order dated 5-12-1986 Annexure-1 along with its grounds for detention of the petitioner passed under section 3 (2) of the National Security Act.

(2.) THE short point raised by Sri D. S. Misra, learned counsel for the petitioner is on the basis of the proviso to section 14 (2) of the said Act. Sub-section (2) of section 14 runs as follows :

(3.) THE proviso in question deals with a case "Where no fresh facts have arisen after the expiry"- of the earlier detention order. Admittedly, the earlier detention order expired on 4-10-1986. None of the facts which have given rise to the impugned detention order, has arisen after 4-10-1986,