CHANDBI MOHOMED HANIF ABUBAKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) In this matter, the co-detenu Mohomed Hanif Abubakar was detained by an order of detention dated 27th May 1982. The said order of detention was revoked on 19th July 1982 and a fresh order of detention was issued on 19th July 1982 against the said co-detenu. The said co-detenu was released from detention by an order dated 1st September 1982 issued by the State Government pursuant to the report of the Advisory Board to the effect that there was no sufficient cause for his detention.

(2.) The impugned order of detention in the instant case was issued against the detenu on 23-6- 1983. The list of documents does not show that the report of the Advisory Board submitted in the case of the said co-detenu Mohomed Hanif Abubakar was placed before the detaining authority for its consideration.

(3.) Hence, non-placement and the consequent non-consideration of the said report of the Advisory Board submitted in the case of the said co-detenu by the detaining authority, is fatal to the impugned order of detention, as held by the Supreme Court in Mohomed Shakeels case1 and as held by this Court in Mehboob P. Kunju's case2 by Kurdukar and Khatri JJ on 14-12-1983.