S.S.AHMAD, J. - (1.) THE petitioner, by means of this petition under Article 226 of the Constitution of India, has challenged the validity of the order dated 21 -2 -1985 passed by the District Magistrate, Gorakhpur, under section 3 (2) of the National Security Act.
(2.) THE order of detention, which is contained in Annexure -1, was executed on 27 -9 -1986 and the petitioner was arrested and detained in jail.
(3.) THE petitioner has raised a number of contentions in the petition but all of them need not be examined as we are satisfied that on account of the delay in the execution of the order impugned in this petition, the petitioner is entitled to the relief claimed by him. Admittedly the order of detention was passed by the District Magistrate, Gorakhpur on 21 -2 -1985. This order was not executed till 27 -9 -1986. It was for the opposite parties to explain the delay in the execution of the order which they have tried to explain in the counter affidavit as also in the supplementary affidavit filed by them.;