RAZIA BEGAM Vs. A VENKATRATNAM

JUDGEMENT

(1.) THIS is a Habeas Corpus (Writ) Petition instituted by the wife of the detenu 'abdul Gaffar Khan against whom an Order has been made on 27th of July, 1993 under Section 3 (2) of the National Security act, 1980. It is recited in the Order of Detention by the District Magistrate, south Goa, that he is satisfied that it is necessary to detain Abdul gaffar Khan to prevent him from acting in a manner prejudicial to maintenance of public order in South Goa District. This Detention Order was approved by the State Government on 2nd of August, 1993 and it is not disputed that the Detention Order was served on the detenu in the judicial Lock-up at Margao on 3rd of August, 1993.

(2.) SEVERAL grounds have been taken in the petition to challenge the detention Order of 17th July, 1993. but, in our view, this petition can be disposed of on the ground so far urged, namely, that the Order of Detention suffers from non-application of mind inasmuch as the District Magistrate. South Goa, was not even aware that the detenu was under one custody or the other throughout as from 30th June, 1993.

(3.) THE grounds of detention were lerved upon the detenu part passsu with the Order of Detention of the same date. The grounds of detention make a reference to 8 different incidents of various dates between 14th of April, 1991 to 30th June, 1993. After detailing the incidents as mentioned above all that is said in paragraph 2 of the grounds of detention is to this effect: