Smt. Sattamma Vs. K. Rajaiah & Others.
EmailAppeal: Criminal Appeal Nos. 272-273 of 1987.
(Arising out of Special Leave Petition (Criminal) Nos. 2219-20 of 1986)
(Arising out of Special Leave Petition (Criminal) Nos. 2219-20 of 1986)
Petitioner: Smt. Sattamma
Respondent: K. Rajaiah & Others.
Apeal: Criminal Appeal Nos. 272-273 of 1987.
(Arising out of Special Leave Petition (Criminal) Nos. 2219-20 of 1986)
(Arising out of Special Leave Petition (Criminal) Nos. 2219-20 of 1986)
Judges: R.S. PATHAK, CJI, SABYASACHI MUKHARJI & V. KHALID, JJ.
Date of Judgment: Jun 29, 1987
Head Note:
NATIONAL SECURITY ACT, 1980:
Sections 3, 12, and 13 – Detenue having undergone the maximum period of detention, the appeals became infructuous and disposed of accordingly.
JUDGEMENT:
O R D E R
1.Special leave granted.
2.In these appeals by special leave the appellant is aggrieved by the detention of her husband, Kotha Das, under the National Security Act, 1980, and prays for his release.
3.Kotha Das was arrested on 16 February, 1986. On 17th February, 1986 an order of detention in respect of him was made under sub-s. (3) of s. 3 of the National Security Act 1980 by the Commissioner of Police, Hyderabad City directing that Kotha Das be detained under sub-s. (2) of s.3 of the Act. It appears that after the case was referred by the State Government to the Advisory Board the Advisory Board reported that there was sufficient cause for the detention, and the State Government thereafter made an order on 11 April, 1986 directing the detention of the detenue for one year from the date of the detention order. Two successive writ petitions were filed by the appellant in the High Court of Andhra Pradesh challenging the detention of the detenue. A number of contentions have been raised before us in the attempt to show that the High Court has committed an error in rejecting the writ petitions. At the out-set we may note that according to s.13 of the National Security Act 1980 the maximum period for which any person may be detained in pursuance of the detention order which has been confirmed under s.12 of the Act is twelve month from the date of detention. The period of twelve months has expired. In the circumstances these appeals have become infructuous and are disposed of accordingly.
1.Special leave granted.
2.In these appeals by special leave the appellant is aggrieved by the detention of her husband, Kotha Das, under the National Security Act, 1980, and prays for his release.
3.Kotha Das was arrested on 16 February, 1986. On 17th February, 1986 an order of detention in respect of him was made under sub-s. (3) of s. 3 of the National Security Act 1980 by the Commissioner of Police, Hyderabad City directing that Kotha Das be detained under sub-s. (2) of s.3 of the Act. It appears that after the case was referred by the State Government to the Advisory Board the Advisory Board reported that there was sufficient cause for the detention, and the State Government thereafter made an order on 11 April, 1986 directing the detention of the detenue for one year from the date of the detention order. Two successive writ petitions were filed by the appellant in the High Court of Andhra Pradesh challenging the detention of the detenue. A number of contentions have been raised before us in the attempt to show that the High Court has committed an error in rejecting the writ petitions. At the out-set we may note that according to s.13 of the National Security Act 1980 the maximum period for which any person may be detained in pursuance of the detention order which has been confirmed under s.12 of the Act is twelve month from the date of detention. The period of twelve months has expired. In the circumstances these appeals have become infructuous and are disposed of accordingly.
