1997 ALL. L. J. 2357 ::1998 A I H C 458 ::1997 UP CriR 588 ::(1998) 1 RecCriR 745 ::1997 All CJ 886 ::(1997) 35 AllCriC 469

Allahabad High Court

Hon'ble Judge(s): D. P. Mohapatra , C.J. AND G. Malaviya, C. A. Rahim , JJ

Constitution of India , Art.22, Art.226— Preventive detention - Release of- Detenu - Powers of High Court - Scope - High Court in its discretion, in a rare case can release detenu without entering into merits of case if exigency of situation demands it - However, detenu cannot claim as of right to be released only on ground that unexpired period of detention is less than a month. National Security Act (65 of 1980) , S.13— A person detained under a preventive detention law is not entitled, as of right, to be set free only on the ground that un-expired period of his detention is less than a month. However, under a given circumstance in a rare case, it may be possible for the High Court in exercise of its jurisdiction under Article 226 of the Constitution to direct release of a person detained under the preventive law without entering into the question of validity of the detention order, if the Court finds that exigency of the situation demands release of the petitioner forth with without considering the question of validity of the detention order. It is made clear that so also in a second or successive habeas corpus petition which certainly can be filed by a detenu, he can not claim to be set at liberty forthwith merely on the ground that un- @page-ALJ2358 expired period of his detention is less than ....