(1.) Common questions arise for consideration in these two writ petitions filed under Article 32 of the Constitution of India seeking writ of habeas corpus for quashing the orders of detention and for immediate release of the detenus. First, we shall deal with Writ Petition (Crl.) No. 105 of 1991.
(2.) It is submitted that since his bail application has been rejected and since he was in jail and his passport was also seized, there was no compelling necessity for such a detention. It is also contended that no antecedents are there showing his involvement in such incidents and this was the solitary incident, therefore the provisions of the Act are not attracted. The next main and important submission is that the copies of the bail application filed by him and the order refusing bail, which are relevant documents, were suppressed and not placed before the detaining authority nor they were supplied to the detenu and therefore there is non-application of mind and the petitioner also is denied a reasonable opportunity under Article 22(5) of the Constitution of India.
(3.) XX XX XX
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