SUDHIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Writ Petition is filed through Jail by the detenu challenging the order of detention issued on 25th October, 1985, detaining him under the provisions of the National Security Act. Though various contentions were raised in the petition and argued before us, it is not necessary to make a detailed reference to them since in our view, the detenu is entitled to be released on a short ground viz. that the material which was not disclosed to him and copies of which were also not supplied, was also relied upon for passing the order, of detention. We are also informed that the co-detenus who were detained on the basis of similar incidents are already released by this Court in Writ Petition No. 913 of 1985 decided on 30-1-1986 and Writ Petition No. 915 of 1985, decided on 28-2-1986.

(2.) In para 9 of the affidavit filed by the detaining authority, this is what has been stated by the Dy. Inspector General of Police :-

(3.) In the result, therefore, the Rule is made absolute and the detenu is directed to be released forthwith, it not required in any other case. Petition allowed.