( 1 ) QUESTION is whether in. a preventive detention matter, we can permit filing of an additional affidavit by the respondents.

( 2 ) WHEN the respondent filed an additional affidavit, learned counsel for the petitioner has objected to the same. He has brought to our notice a decision of this Court reported as Lalit Patudi vs. Union of India and Ors. [1990 (41) DLT 8] (1) All that is said in that Judgment is that if an additional affidavit is permitted to be filed by the respondent the petitioner must be given an opportunity to rebut, and this Court must also take care to see that documents are not concocted by the respondent between the date of original application and the date of the additional affidavit.

( 3 ) THE decision of the Supreme Court in the case of Kirit Kumar Chamanlal Kundaliya vs. Union of India and Others (AIR 1981 S. C. 1621) (2) wherein it has been observed that the High Court should not have evaded through the confidential files to fish out a point against the detenu is distinguishable. There the point was that the Court tried to make out a case which was not mentioned in the detention order. In that case only two documents were referred to in the det