(1.) THIS case was heard on 3 -12 -1996 and the judgment was reserved. However, since the petitioner had not placed the copy of order of detention and the grounds thereof on record, the file was sent back to the Registry with direction to the counsel for placing the aforesaid documents on record. Petitioner has, vide his application dated 24 -2 -1997 placed the copy of detention order No. Home/DET -353 -A of 1996 dated 20 -1 -1996 and grounds thereof on record. The same are taken on record. When the case again came up before the court, LC for the petitioner was not present. Before proceeding ahead, it needs to be observed here that respondents have not filed any counter -affidavit despite repeated opportunities granted to them. They also failed to produce the original detention records for perusal of the Court, despite directions made on 3 -12 -1996 and 26 -11 -1996.
(2.) FACTS emerging from the petition and the documents appended therewith reveal, that the detenue was initially arrested on 3 -7 -1994 in case FIR No. 1/94 P/S CIK, Srinagar. He was thereafter, while in custody, ordered to be detained in terms of detention order No. DMS/RSA/733/94 dated 28 -11 -1994 for a period of twenty four months. This order was passed by District Magistrate, Srinagar. The aforesaid detention order was challenged by the petitioner by way of Habeas Corpus petition No. 1339/94 before this court. That petition was finally disposed of by virtue of order dated 21 -11 -1995 passed by one of the benches of this court. The operative portion of that order is quoted here -under: -
(3.) -EAO, 3 OSA, 3/25IAA and 302, 307, 365 etc. and 120 -B RPC on 27th November, 1995. Since the detenue was not released even after the aforesaid bail granted by the designated Court, the petitioner again moved this court in terms of 491 Cr.P.C. petition No. 242/95. That petition was also finally disposed of by this court on 5 -8 -1996 with the following directions: "The concerned authorities are, accordingly, directed to release the individual forthwith after taking security bond from him in the amount of Rs. 20,000/ - as ordered by the Designated Court." However, it is alleged that despite all this, the detenue was not released. 3. Meanwhile, it appears that the Government passed the impugned detention order No. Home/DET -353 -A of 1996 dated 20 -1 -1996. Perusal of this order reveals that the Government has revoked the earlier detention order on 31 -1 -1995 and has passed the aforesaid fresh order of detention for 12 months and 13 days. The grounds furnished for revocation of the earlier order of detention is disclosed in para No.2 of the detention order which is quoted hereunder: - "Whereas the order of detention had to be revoked under Sub -Section 2 of Section 19 of the Jammu and Kashmir Public Safety Act, 1978 and , accordingly, the Government revoked it on 19 -1 -1996." The ground taken in the petition is that the fresh detention order has been passed on the same grounds on the basis of which the earlier order had been passed. Therefore, the fresh detention order is illegal.