G CHANDRA KUMARI Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition filed under Art. 226 of the Constitution of India, for issue of a writ of Habeas Corpus or any other appropriate order or direction in the nature of a Writ of Mandamus, forbearing the respondent, his men or agents from arresting or detaining the petitioner's husband Mr. G. C. M. Benerjee, s/o Krishnaiah a normal resident of the house bearing No. 32/2,/7.A, Praja Sakthi Nagar, Vijayawada, in any manner, in connection with the incident that took place on 4-8-1989 at the Inland Container Depot (I.C.D.), Guntur.

(2.) In the affidavit filed in support of the writ petition, it is alleged that the incident or occurrence took place on 4-8-1989, that the petitioner's husband and some others were apprehended and interrogated, that the entire material in relation to the occurrence was collected by the Customs authorities by 7-8-1989 itself, that, however, until 7-1-90 no order of detention was passed against the petitioner's husband and that the enormous delay of five months in passing the detention order per se renders the order of detention illegal. Several other grounds were also urged in the affidavit in support of the writ petition.

(3.) We admitted the writ petition on 23-1-1990 and as the petitioner complained that there was imminent threat to the liberty of her husband, we considered it just to grant an injunction pending disposal of the writ petition restraining the respondent, or his men or agents from in any way arresting or detaining the petitioner's husband.