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1984 Supreme(SC) 167

A. V. VARADARAJAN, E. S. VENKATARAMIAH, S. MURTAZA FAZAL ALI, V. KHALID, Y. V. CHANDRACHUD
Ram Jethmalani: Gajinder Singh Cheema – Appellant
Versus
Union Of India – Respondent


(1) PARAGRAPH 5 of this miscellaneous petition states that the order of detention which is impugned in this habeas corpus petition has been revoked and that in pursuance of the order of revocation the detenu was released. In view of this, we are of the opinion that the habeas corpus petition has become infructuous and is for that reason liable to be dismissed. We order accordingly.

(2) IT appears from the miscellaneous petition that a fresh order of detention has been passed against the detenu. Miss Rani Jethmalani, appearing for the detenu, says that a fresh habeas corpus petition has been filed in this court to challenge the new order of detention which, she submits, is without prejudice to her contention that the first habeas corpus petition has riot become infructuous.

(3) THE new habeas corpus petition which has been filed, on behalf of the detenu by Miss Rani Jethmalani may be accepted and registered in accordance with the rules governing the institution of habeas corpus petitions.

(4) THE rights and facilities to which the detenu is entitled under the Constitution and the National Security Act will be accorded to him. Mr Mridul, who appears on be

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