The hearing of the petitions number before me was adjourned to await the judgment of the Constitution Bench which has held that, in view of the provisions of Section 14, Sub section 2 of the Maintenance of Internal Security Act, 1971 hereinafter referred to as the Act , a second detention order cannot be made without fresh facts after a revocation or expiry of the first detention order.
It will be numbericed that, in this case, the second detention order was passed even before the revocation of the first detention order.
1466 of 1973, the petitioner was detained under an order passed by the District Magistrate, Burdwan, on 3 7 1972, which was revoked on 28 4 1973 sic .
1623 of 1973, the petitioner was detained under an order dated 24 12 1971.
He was only formally and technically released on 28 4 1973 but taken into custody immediately after that on that very date under a fresh order of detention dated 26 4 1973 without any fresh grounds.
His detention order dated 26 4 1973 is hereby quashed.
In Chandi Charan Karmakar v. The State of West Bengal Writ Petition No.
1629 of 1973, the petitioner was detained, under an order dated 8 12 1971, which was revoked and the petitioner released on 26 4 1973 by an order dated 23 4 1973.
The petitioner was formally, released on 4 5 1973, but, immediately thereafter, he was detained again under a detention order dated 28 4 1973, without any fresh grounds, which is hereby quashed.
In Becharam Sarkar alias Umesh v. State of West Bengal Writ Petition No.In Nitya Nanda Datta v. The State of West Bengal Writ Petition No.
The second detention order dated 23 4 1973 is hereby quashed.
The petitioner was again detained, without fresh grounds by a detention order dated 26 4 1973 which is hereby quashed.
The petitioner was detained again, without fresh grounds, by an order dated 27 4 1973 which is hereby quashed.
1611 of 1973, the petitioner was detained under an order dated 3 2 1972, but was released on 26 4 1973 by a revocation order dated 23 4 1973.
The petitioner was brought out of Jail on 30 4 1973, but, without any fresh grounds, he was served with another detention order dated 23 4 1973 and detained.
In Mantu Roy alias Bag v. The State of West Bengal Writ Petition No.
He was released on 28 4 1973 by a revocation order dated 25 4 1973.
In Ajoy Kumar Biswas v. The State of West Bengal Writ Petition No.
He was again detained without fresh grounds, by an order dated 24 4 1973, served upon him on 26 4 1973, which is hereby quashed.
1534 of 1973, the petitioner was first detained by an order dated 10 8 1972 but released on 28 4 1973 under a revocation order dated 26 4 1973.
He ,was detained again without any fresh grounds, by an order dated 27 4 1973, served upon him on 28 4 1973, which is hereby quashed.
In Ajit Kumar Das alias Nagin v. The State of West Bengal Writ Petition No.
In Bimal Das v. The State of West Bengal Writ Petition No.
He was detained once again, without any fresh grounds, by an order dated 24 4 1973, served on him on 26 4 1973, which is hereby quashed.
In Methar Mandi v. The State of West Bengal Writ Petition No.
In Bablu Hembram v. The State of West Bengal Writ Petition No.
1519 of 1973, the petitioner was first detained by an order dated 31 1 1972 which was revoked on 23 4 1973.
In Tharpa Murmu v. The State of West Bengal Writ Petition No.
1654 of 1973, the petitioner was detained by an order dated 9 12 1971, which was revoked on 27 4 1973.
petitioner was again detained without any fresh grounds by another order dated 28 4 1973 which is hereby quashed.
In Kesto Pattanayak alias Oriaalias Kartick v. The State of West Bengal Writ Petition No.
1651 of 1973, the petitioner was first detained by an order dated 9 10 1972 which was revoked by an order26 4 1973.
1889 of 1973, the petitioner was detained under order dated 29 9 1972, which was revoked on 27 4 1973.
266 of 1972 Shambhu Nath Sarkar v. State of West Bengal. ,
H. Beg, J. A companymon question of law arises, on similar facts, in each of the eleven Habeas Corpus petitions which have to be allowed as a result of the judgment of the Constitution Bench of this Court in Pradip Kumar Das v. State of West Bengal W.P. 961 of 1973, etc.
D 29 4 1974 .
1500 of 1973, the petitioner was first detained by an order dated 19 2 1973 which was revoked on 26 4 1973.
The question companysidered by the Constitution Bench was whether a revocation of an order by the detaining authorities made because of the decision of this Court in Writ Petition No.
The petitioner was again detained without fresh facts, by an order dated 28 4 1973 which is here by quashed.
