MOHAMMAD ALI ABUBAKER SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) WHEN the petition was filed the matter was very much alive because at pre-detention stage the order passed under National Security Act, popularly known as NSA was sought to be challenged. In spite of preliminary objection that the matter was filed at pre-detention stage, on 18th June, 1996 the matter was admitted after hearing both the sides. Interim relief also came to be granted in terms of prayer clause (b ).

(2.) THE impugned order was to remain in force for a period of one year. Had the detenu-petitioner, therefore, been detained under the impugned order dated 26th June, 1996, the same at the earliest would have to come an end by 26th June, 1997 or little later if the actual execution was delayed.

(3.) HOWEVER, it is an admitted position that till date the order has not been implemented.