On 13. 1. 81, we allowed the Habeas Corpus application of Shri Tarun kumar Das, a detenu in misc. Case No. 8(HC) of 1981, ordered his release and observed that a reasoned judgment would follow. We were told at the Bar, during the course of hearing, that another application having "the common question of law" was pending for disposal. So, we deferred delivery of the judgment. The case namely, Civil Rule No. 54(HC) of 1981 (Criminal Misc. case No. 28(HC) of 1981) has come up today. We have heard the parties and find that the case involved the same question of law. Ergo, our reasoned judgment. In the process, we propose to dispose of Civil Rule No. 54 of 198].

2. A thumb-nail facts of Tarun's case-Tarun was arrested and detained on the strength of an order issued by the State Government under Section 3(1)(a) of ''the National Security Ordinance II of 1980"-for short "the Ordinance". The Ordinance was promulgated by the President on the 22nd September, 1980, to provide for preventive detention in certain cases and for matters connected therewith. It came into force on the 23rd day of September, 1980. In exercise of its power u/s 9 of the Ordinance, the State Government, by N