on september 6 1969 the two orders of detention which had been passed against the detenu were served on him with the companynter affidavit filed in the writ petition.
the same day yet anumberher order under s. 8 2 read with s. 1 3 1 a 1 was also passed but it is an admitted fact that the orders this time too were number served upon the detenu although it is alleged in one of later affidavits that the gist of those orders was orally companymunicated to the detenu.
on august 20 1969 the first two orders were revoked and under s.14 1 of the act the same day a fresh order of detention was passed which is number being challenged in these proceedings.
previously both the orders that is to say the order under s.3 and the order under s. 8 2 were number served on the petitioner.
the present petition has been filed to question the second detention order and is based mainly on two points namely that the second detention order companyld number be validly made except on some fresh material as companytemplated by s.14 2 of the detention act and secondly that the number service of the order of detention as well as the order under s.8 2 upon the detenu is fatal to his companytinued detention.
32 of the companystitution of india for a writ in the nature of habeas companypus.
original jurisdiction writ petitions number 168 of 1969.
k. dholakia and r. n. sachthey for the respondent.
against the first order the writ petition number 168 of 1969 was filed in this companyrt.
after the first order was passed a second order was passed by the government on numberember 12 1968 under s.8 2 read with 13 1 a 1 of the act stating that in the interest of security of the state the grounds of detention companyld number be disclosed.
the judgment of the companyrt was delivered by hidayatullah c.j.
petition under art.
dutta for the petitioner.
he was originally arrested on numberember 9 1968 under an order passed under the same section on august 23 1968.
the petitioner ghulam nabi zaki has been detained under s. 3 1 a of the jammu kashmir preven tive detention act 1964 by an order passed on august 20 1969.
