- (1.) We have heard learned counsel for the rival parties.
(2.) The issue under consideration revolves around the detention order dated 11th August, 2005. The petitioner ventured to assail the above detention order, prior to his arrest. In fact, he approached this Court, by filing a writ petition in the year 2006. During the course of hearing of the writ petition, an interim order was passed on 7th March, 2007, which is extracted hereunder : "Rule Nisi. In view of letter circulated by learned counsel for the respondent seeking time for filing counter affidavit, the matter is adjourned by one week. In the meanwhile, the respondent-State shall not give effect to the order of detention."
(3.) It is not a matter of dispute, that consequent upon the passing of the above motion Bench order on 7th March, 2007, the petitioner has never been arrested. The instant writ petition has been pending for the last more than 10 years. It is not the case of the respondents, that the petitioner indulged in any untoward activity, whilst the instant petition was pending before this Court, and whilst the petitioner was a free citizen, enjoying absolute liberty. In the above view of the matter, there can hardly be any justification, for sustaining the detention order dated 11th August, 2005.;