in writ petition number 1339 of 1973 the petitioner was detained pursuant to an order of detention dated 27 march 1972.
the orders of release indicate that the state government put the orders of detention out of the way.
856 4the judgment in sambhu nath sarkar case supra was given by this companyrt on 19 april 1973.
therefore the orders of detention subsequent to their release were new orders on fresh facts and had numberrelation to the previous orders.
the companymon feature in all these cases is that the petitioners were released by the state government after the decision of this companyrt in sambhu nath sarkar v. state of west bengal 1973 1 s.c.c.
he was released by the state government on 28 april 1973.
the petitioners could number be released if the detention orders were considered by the state government to be authority for detention.
the subsequent orders of detention are number based on fresh facts after the orders of release.
first the orders of release of the petitioners amounted to and were orders of revocation or expiry of earlier detention orders.
613 held that the maximum period of detention fixed with reference to the duration of an emergency is the maximum period fixed by parliament in accordance with the provisions of the companystitution.
in writ petition number 1622 of 1973 thepetitioner was detained under an order dated 6 numberember 1972.the state government released the petitioner on 28 april 1973.he was detained again pursuant to an order dated 26 april 1973.
the ground of detention and the facts on which the order of detention was based were the same as in the previous order of detention.
in writ petition number 1666 of 1973 the petitioner was detained pursuant to an order dated 26 october 1972.
the judgment of the companyrt was delivered by ray c.j this companyrt on 22 april 1974 passed an order for release of the detenus.
he was released by the state government pursuant to an order dated 23 april 1973.
the petitioners challenged the orders of detention after their release.
in writ petition number 1636 of 1973 the petitioner was detained pursuant to an order of detention dated 11 january 1972.
77sup c. i./75 for the petitions by an order dated 26 10 72 the district magistrate made an order of detention under s. 3 1 read with s. 3 2 .
the grounds of challenge are two fold.
the petitioner was detained again on 27 april 1973.
pursuant to an order dated 24 april 1973.
in writ petition number 1656 of 1973 the petitioner was detained putsuant to an order of detention dated 7 january 1973.
32 of the companystitution of india.
number 1656/73 maya krishnan for the petitioner in w.p.
number 1662/73 k. agarwal for the petitioner in w.p.
there can be numbercasuistry with the orders of release.
after the judgment of this honble companyrt in sambu nath sarkars case the petitioner was released but on the very same day.
the petitioner was detained pursuant to that order.
magistrate 1969 1 s.c.r.
number 1636/73 dilip sinha in w.p.
original jurisdiction writ petitions number.
number 1666/73 s. nariman addl.
of the maintenance of internal security act 1971 act 26 of 1971.
he was detained again under an order dated 26 april 1973.
the reasons were to be given later.
number 961/73 d. n. mukherjee and s. c. mazumdar in w.p.
he was released by the state government pursuant to an order dated 24 april 1973.
number 1622/73 and sukumar basu for the respondents in all the ps.
he was released by the state government on 27 april 1973 pursuant to an order of release.
petitions under art.
number 1339/73 raghubir malhotra for the petitioner in w.p.
he was detained again by the state government pursuant to an order dated 24 april 1973.
number 1339/73 d. p. chaudhury in w.p.
he was detained again on 28 april 1973 pursuant to an order dated 26 april 1973.
the reasons are as follows in writ petition number 961 of 1973 the petitioner was detained pursuant to an order of detention dated 15 january 1972.
in haribandhu das v. distt.
number 1339/73 p. k. chakravorty in w.p.
by an order of detention the district magistrate detained the petitioner under s. 3 1 read with s. 3 2 .
on 25 april 1973 there was anumberher order of detention.
number 961/73 gobardhun for the petitioner in w.p.
number 1636/73 r. k. pillia for the petitioner in w.p.
he was released by the state government pursuant to an order dated 23 april 1973.
for the petitioner in w.p.
