JUDGMENT

S. C. AGRAWAL, J.:- Writ Petition No. 1321/91 has been filed by Smt. Victoria Fernandes (hereinafter referred to as the petitioner) wherein she has challenged the legality of the detention of her son, Rudolf Fernandes (hereinafter referred to as the detenu) in pursuance of the detention order dated April 6, 1991 passed by the District Magistrate, North Goa District, Panaji, under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as the Act). SLP (Cri) No. 4169 / 91 is directed against the judgment dated September 20, 1991 of the High Court of Bombay at Panaji, Goa whereby Writ Petition No. 9/91 filed by the petitioner challenging the detention of the detenu was dismissed by the High Court.

2. We have heard learned counsel for the parties. We grant special leave to appeal and proceed to dispose of the appeal as well as the Writ Petition.

3. The detenu was the President of an organisation known as Goa Protectors. He has been detained under order of detention dated April 6, 1991, passed under Section 3(2) of the Act, with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. The said order was approved by the State Government by order dated April 8, 1991. The detenu was arrested on June 14, 1991. He made a representation to the Advisory Board and after considering the report of the Advisory Board, the State Government passed the order dated July 13, 1991 whereby the order of detention of the detenu was confirmed and it was directed that the detenu be detained for a period of one year from the date of his detention. In the meanwhile, the petitioner had filed writ petition No. 9 of 1991 in the High Court of Bombay at Panaji, Goa on July 9, 1991. The said writ petition was dismissed by a division bench of the High Court by judgment dated September 20, 1991. Feeling aggrieved by the said judgment of the High Court, the petitioner filed SLP (Cri.) No. 4169/ 91 and she also filed WP (Cri) No. 1321/91 under Article 32 of the Constitution.

4. In the grounds of detention dated April 6, 1991, it has been stated :

On the night of March 22, 1991, one Anthony Fernandes, Chief Reporter of the Herald, an English daily published from Panaji, was physically assaulted by some persons at the Horse shoe Bar, Rua de Orem, Panaji. A complaint of the said incident was lodged at Police Station, Panaji by one Norman Daatas wherein it was stated that some unknown persons numbering 4 or 5, had assaulted Anthony Fernandes with swords, iron rods, etc., with an attempt to commit murder. During the course of the investigation by the Police in that case, it appears that the assault is having a nexus with the organisation, Goa Protectors, of which the detenu is the President and that from the investigation now under way by the police and the news reports, it appears that the detenu is using the organisation for promoting illegal activities like gambling, assault, intimidation etc. and it appears that the assault on Anthony Fernandes was carried out at the behest of the detenu and his mother, the petitioner herein. The reason for the assault on Anthony Fernandes is the news item carried by the newspaper Herald on March 17, 1991 about the Goa Protectors starting the illegal matka business in Goa on the lines of what is called the Bombay Matka and that when this item was published, the detenu sent Mr. Sanjeev Nalk and Mr. Shekar Naik, both members of Goa Protectors, to the house of Anthony Fernandes and threatened him to issue a clarification on the matka. business in the paper and accordingly a clarification was issued by the Herald on March 18, 1991. Threats were also given over telephone on March 27, 1991 to the Proprietor of Gomantak Pvt. Ltd., which publishes both the English Gomantak Times and Marathi Gomantak and that the said threats which were given in Konkani were to the effect that these papers were writing against the Goa Protectors and like the Herald reporter, the legs of the repo