Judgement

SEN, J. :- By this petition under Art. 32 of the Constitution, one Ashok Kumar seeks issuance of a writ of habeas corpus challenging the validity of the order of detention dated August 11, 1981, passed by the Commissioner of Police, Delhi under sub-s. (2) of S. 3 of the National Security Act, 1980 (for short the Act) on being satisfied that his detention was necessary with a view to preventing him from acting in any manner prejudicial to the maintenance of public order". The main issue is as to whether the activities of the petitioner fall within the realm of public order or law and order.

2. It appears that on Aug. 12, 1981 while the detenu was held at the Central Jail, Tihar in connection with some of the offences committed by him, he was served with the aforesaid order of detention passed a day earlier i.e. on Aug. 11, 1981. Two days later i. e. on August 14, 1981 he was furnished with the grounds of detention as well as with copies of documents and statements relied upon in the grounds of detention. It seems that the Commissioner of Police forthwith made a report to the Administrator about the passing of the detention order together with the grounds of detention and all