Law:

Section:

Habeas corpus--- --- Detention---Habeas Corpus petition allowed by High Court with observation that all documents were not before Detaining Authority on the date on which grounds of detention were finalised---Contention of Authorities that statement of fact made by High Court in its order was not correct---Affidavit of counsel who was present at the hearing before High Court was not filed---Supreme Court dismissal appeal against order of the High Court. A. S. Bhasme for Appellant. P.H. Parekh for Respondents. JUDGMENT G.L. OZA, J.-- The habeas corpus petition filed by the respondents was allowed by the judgment of the Bombay High Court dated 13-2-1987 where it has been specifically stated that "it is not disputed that at the time the grounds were formulated, the detaining authority had before it documents only at Serial No. 6 was actually received and considered by the detaining authority on 24th February, 198)". The documents were really received by the detaining authority on 24-2-1986 and it is on the basis of this that the learned Judge allowed the habeas corpus petition. The learned counsel appearing for the appellant contended that this statement of fact contained in the judgment is not correct and it is contended that this has been stated in the special leave petition. But it is clear that the affidavit of the counsel who was present before the High Court of Bombay when this matter was heard, has…