S. C. Agrawal, J. - (1.) Writ Petition No. 1321/91 has been filed by Smt. Victoria Fernandes (hereinafter referred to as 'the petitioner) wherein she has challenged the legality of the detention of her son, Rudolf Fernandes (hereinafter referred to as 'the detenu') in pursuance of the detention order dated April 6, 1991 passed by the District Magistrate, North Goa District, Panaji, under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as 'the Act'). SLP (Cri) No. 4169 / 91 is directed against the judgment dated September 20, 1991 of the High Court of Bombay at Panaji, Goa whereby Writ Petition No. 9/91 filed by the petitioner challenging the detention of the detenu was dismissed by the High Court.
(2.) We have heard learned counsel for the parties. We grant special leave to appeal and proceed to dispose of the appeal as well as the Writ Petition.
(3.) The detenu was the President of an organisation known as 'Goa Protectors'. He has been detained under order of detention dated April 6, 1991, passed under Section 3(2) of the Act, with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. The said order was approved by the State Government by order dated April 8, 1991. The detenu was arrested on June 14, 1991. He made a representation to the Advisory Board and after considering the report of the Advisory Board, the State Government passed the order dated July 13, 1991 whereby the order of detention of the detenu was confirmed and it was directed that the detenu be detained for a period of one year from the date of his detention. In the meanwhile, the petitioner had filed writ petition No. 9 of 1991 in the High Court of Bombay at Panaji, Goa on July 9, 1991. The said writ petition was dismissed by a division bench of the High Court by judgment dated September 20, 1991. Feeling aggrieved by the said judgment of the High Court, the petitioner filed SLP (Cri.) No. 4169/ 91 and she also filed WP (Cri) No. 1321/91 under Article 32 of the Constitution.;