RAJKALI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is for issuance of a writ of habeas corpus. The District Magistrate, Dhanbad in exercise of the powers under S. 3(2) of the National Security Act 1980 (hereinafter referred to as the Act) on 2-1-1986 passed an order of detention against the petitioner's son Binod Kumar Singh on the following ground :-

(2.) The order of detention was confirmed by the State of Bihar. The detenu challenged his detention by filing a writ of habeas corpus before this Court which was dismissed. Thereafter he moved the Supreme Court by filing a special leave petition against the order of dismissal of his writ application by this Court and after grant of special leave to appeal, an appeal was preferred by the detenu. He also filed a writ application under Art. 32 of the Constitution of India before the Supreme Court challenging the said order of detention. The writ application and the appeal both were decided by the Supreme Court on 26-9-1986 with the following observations and the order of detention was set aside :-

(3.) Thereafter when the detenu was still in custody in connection with substantive criminal cases and was going to be released on bail in those cases, he was served in jail with a fresh order of detention passed by the District Magistrate on 12-10-1986 in exercise of the powers under S. 3(2) of the Act on the very same ground quoted below on which he was detained under earlier detention order:-