S.R. Pandian and; Kuldip Singh, JJ.
1. This appeal is preferred by the State of Maharashtra challenging the correctness and legality of the order of the High Court of Bombay dated July 9, 1992 restraining the appellant from executing the order of detention alleged to have been passed against the respondent under the provisions of the National Security Act. The learned counsel appearing for the appellant states that the period of detention fixed under the order was one year. Had the order been executed immediately after the passing of the said order, the period of the detention would have expired by this time. The question is whether this appeal deserves to be examined after a period of one and a half years since the passing of the order of detention. Under Section 3 of the National Security Act, the order of detention can be passed either by the Central Government or the State Government under two conditions, namely (1) that if either of the Government is satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the defence of India, the relations of India with foreign powers of the security of India and (2) if satisfied with respect to any foreigner that with a view to regulating his continued presence in India or with a view to making arrangements for his expulsion from India.
2. Having regard to the object of the order to be passed, we feel at this time that too after one and a half years after the passing of the detention order even if the appeal is allowed, no purpose would be served by executing the order of detention though we are of the firm view that the High Court was not at all justified in entertaining such an application at a very premature stage before the execution of the order and preventing the appellant from executing the order. However, it is always open to the State if it is satisfied that either of the two conditions enumerated under Section 3(a) or (b) still prevailing, to pass an order.
3. With the above observation, the appeal is dismissed.