LAXMAN TATYABA WANKHADE Vs. R.D.TYAGI

JUDGEMENT

(1.) BY means of this Petition preferred under Article 226 of the Constitution of India, the Petitioner/detenu has impugned the Detention Order dated 5.12.1995 passed by the Respondent No.1, by virtue of the power vested in him by sub-section (2) of section 3 of National Security Act, 1980 read with Government Order, Home Department (Special) No.NSA. 2395/1/SPL-3(B) dt. 20-11-1995, detaining him under the National Security Act.

(2.) IT is not disputed by the learned counsel for the parties that the Petitioner was in custody when the Detention order was passed against him. It is also not disputed by them that the two co-detenues namely Sudhir Waghmare and Santosh Jadhav whose cases are analogous to that of the Petitioner, have been released by this Court and the Detention orders in respect of them have been quashed. The former was released vide orders of this Court dated 28-10-1996 passed in Criminal Writ Petition No.912 of 1996 decided by this very Bench. The latter was released vide orders dated 4-10-1996 passed in Criminal Writ Petition No.227 of 1996, by a Division Bench of this Court, of which one of us (Vishnu Sahai,J) was a member. In the Judgment of this Court, passed in Criminal Writ Petition No.912 of 1996, there is also a reference to the Judgment passed in Criminal Writ Petition No.227 of 1996. We, accordingly direct that Judgment rendered by us in Criminal Writ Petition No.912 of 1996, shall form a part of the Judgment of this case. Office is directed to keeps it copy on the record of this case. Both aforesaid Writ Petitions were allowed on the ground that the ground of detention did not reflect of the likelyhood of the detenu being released in the near future as required by the decision of the Apex Court reported in 1995 Cr.L.J. page 2657 (Surya Prakash Sharma vs. State of U.P. and others). The same, is the situation in so far as the grounds of detention in the instant petition are concerned.

(3.) IN case an application for a certified copy of this Judgment is made, the same shall be issued on an expedited basis.