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Head Note

National Security Act, 1980  - Section 3 , Constitution of India, 1950  - Article 226

Preventive Detention - Habeas Corpus - High Court quashed the order of detention mainly on the ground that the detenu was in remand in connection with the solitary ground case when there was no material before the detaining authority to show that either the detenu himself or his relatives are taking steps to file application for bail in the solitary ground case - Held that the impugned order passed by the High Court quashing the order of detention on solitary ground case is erroneous in law and liable to be set aside - The detenu was taken into custody in September, 2012, and the order of detention was passed in December, 2012 the same was quashed by the High Court in terms of Order dated 26.4.2024 -A long time has lapsed and the period of detention fixed in the order of detention has already expired in April, 2014 - Even if the impugned order passed by the High Court is set aside, the detenu cannot and shall not be taken into custody for serving the remaining period of detention unless there still exist materials to the satisfaction of the detaining authority for putting him under detention and it is for the detaining authority to take a decision in accordance with law.

Topic(s)-Preventive Detention - Habeas Corpus - Detention valid