CHOTKA HEMBRAM vs STATE OF WEST BENGAL AND ORS.

The Supreme Court held that a fresh detention order under Section 3 of the Maintenance of Internal Security Act, 1971 cannot be made based on the same grounds as a previous order if no new facts arise after the revocation or expiry of the earlier order. The Court found that the grounds for the subsequent order related to incidents prior to the revocation, thus invalidating the fresh order. Additionally, the Court ruled that repeated detention for the same acts would violate Section 13 of the Act, which limits detention to a maximum of 12 months, thereby upholding the petitioner's challenge under Article 32.