Judgement

KANIA, J. :- This is a petition under Art. 32 of, the Constitution of India for a writ of habeas corpus or any other appropriate writ or order quashing the order dt. 3rd Jan. 1985 passed by the Special Secretary to the Government of Punjab for detention of the petitioner and praying for the release of the petitioner.

2. By our order dt. 8th May, 1987, we had held that the writ petition succeeds for the reasons which we would give later. We had also set aside the order of detention and directed the petitioner to be released. We are now giving the reasons for the said order.

3. The facts necessary for disposal of the writ petition lie within a fairly narrow compass. The petitioner was detained on 21st Nov. 1985 pursuant to an order of detention dt. 3rd Jan. 1985 passed under sub-secs. (1) & (2) of, S. 3 of the National Security Act, 1985 signed by the Special Secretary to the Government of Punjab setting out that the President of India in exercise of the powers conferred by sub-sees. (1) & (2) of S. 3 of the National Security Act, 1985 was pleased to order that the petitioner should be detained. The ground given in that order is that the petitioner is indulging in activities p