Judgment

KRISHNA IYER, J.:- A few issues of some moment, in the context of civil liberties, have been argued in this application for habeas corpus by Shri Mukherjee as amicus curiae. The facts are disquieting, at least for the reason that the petitioner, an aged ailing man around 74, has been under detention since 1973 and, previous to it, had been facing a criminal prosecution which ended in a discharge on the date the detention order was clamped down on him; and counsel pressed the poignant circumstance that the ultimate order of Government dated September 28, 1973, merely confirm the detention, being unlimited in duration and unspeaking on the terminus ad quam for the incarceration.

2. The relevant facts may be stated before discussing the highlights of the arguments. The Commissioner of Police, Calcutta, passed the initial order of detention dated July 19 1973 on the petitioner, Golam Hussain alias Gama, under Section 3 (1) (a) (ii) read with sub-section (2) of the Maintenance of Internal Security Act, 1971 (Act 26 of 1971) (hereinafter referred to as the Act ). The grounds which induced the detaining authority to pass the order were communicated the same day. They have been set