JUDGMENT - V.A. MOHTA, J.:---This is a Habeas Corpus petition by the brother of Shri Surendra Shetty a detenu detained under the National Security Act (N.S. Act) by an order of detention dated 5-3-1992.

2. Following points are raised by Shri Shirodkar, learned Counsel for the petitioner.

I. Opening paragraphs 1 to 3 of the grounds of detention indicate that (a) the detenu was externed from the limits of Greater Bombay and Thane Districts for a period of two years under the Bombay Police Act. (b) He was detained under the N.S. Act in the year 1984 and 1986. These paragraphs are also grounds upon which subjective satisfaction of detaining authority is based. The orders of externment and detention were subsequently quashed, they were not brought to the notice of the detaining authority. They have the potentiality of influencing the subjective satisfaction of the Detaining Authority one way or the other and hence this feature vitiates the order of detention.

II. There has been an inordinate and unexplained delay in passing the detention order which vitiates the order.

III. The incidents mentioned in the grounds are not prejudicial to the maintenance of the public order.

3. The gist

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