HAJI IBRAHIM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India for a writ of habeas corpus.

(2.) THE petitioner's brother Haji Abdul Gaffar was served with an order of detention, dated 25-9-1974, under Section 3 (1) (c) of the Maintenance of Internal Security Act as amended by the Maintenance of Internal Security (Amendment) Ordinance, 1974 (hereinafter referred to as 'misa' and was sent to jail in pursuance of the said order vide Annexure 'c'. The grounds of detention were served upon the detenu on 27-9-1974 vide Annexure 'd'. The order of the District Magistrate was ultimately confirmed by the State Government and the detenu was ordered to be detained up to 24-9-1975.

(3.) AFTER the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'the Act") came into force on 19-12-1974, whereby the Maintenance of Internal Security (Amendment) Ordinance, 1974 was repealed, the original order of detention, dated 25-9-1974, was cancelled the detenu was released; but he was re-arrested under the Act and was served with a fresh order of detention dated 19-12-1974, under Section 3 (1) of the Act vide Annexure 'e'. In pursuance of the said order, the detenu was sent back to jail and is under detention since then. The grounds of detention were served on him on 23-12-1974 vide Annexure 'p'. The contention of the petitioner is that the detention of the detenu is illegal. ' It is prayed, therefore, that the order of detention be quashed and the detenu be set at liberty.