KSHETRA GOGOI vs STATE OF ASSAM

The Supreme Court ruled that under Section 13(2) of the Preventive Detention Act, 1950, a fresh detention order can only be issued if new facts arise after the expiry of the previous order. In this case, the order dated August 28, 1969, was invalid as it was based on facts that arose during the prior detention period, violating the statutory requirement. The Court held that the petitioner’s detention was unjustified and ordered his release, emphasizing that no fresh facts could have arisen just before the expiry of the previous order.