MURUTOTY MICHAEL VIJAYAKUMAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner, Murutoty Michael Vijayakumar, is a detenu under the National Security Act (hereinafter referred to as the Act) pursuant to a detention order dt. 18-8-85 passed under Section 3(2) of the Act by respondent 2, the Collector and District Magistrate, Cuddapah. The order of detention was confirmed by respondent 1, the Government of Andhra Pradesh, in G.O.Rt. No. 4110, dt. 8-10-1985. Even since 19-8-1985, the petitioner has been in actual detention except for three short periods when he was temporarily released under Section 15 of the Act. This Writ Petition was filed on 18-8-1986 for the issue of a writ of Habeas Corpus directing the respondents to release the detenu forthwith as the maximum period of detention of twelve months from the date of detention as envisaged under S. 13 of the Act expired on 18-8-1986.

(2.) The stand taken by the respondents represented by the learned Addl. Advocate General is that it is only on 5-9-1981 (1986 ?) that the period of detention would expire and, before that date, the detenu shall not be entitled to have his release.

(3.) The real question that falls for decision in the writ petition is, whether the short periods during which the detenu was temporarily released from detention have to be reckoned for the purpose of the period of detention, or, whether the maximum period of twelve months from the date of detention envisaged in S. 13 of the Act would or would not include the periods during which the detenu had been temporarily released under Section 15(1) of the Act, in other words, whether the period covered by the temporary release is to be counted as part of the period of detention.