Summarize the following court judgment. No. 211 of 1969. Petition under article 32 of the Constitution of India for a writ in the nature of habeas corpus. Hardev Singh	 for the petitioner	 Naunit Lal	 for the respondent. 518 The Judgment of the Court was delivered by Bhargava	 J. The petitioner in this petition under Article 32 of the Constitution was arrested and detained under an order made under section 3(1)(a)(ii) of the (hereinafter referred to as "the Act") on 24th April	 1968. On 30th August	 1968	 he filed a petition in the High Court of Assam under article 226 of the Constitution for issue of a writ of habeas corpus. The same day he was released by the Government and	 according to him	 without being set at liberty	 he was again put in detention in pursuance of a fresh order dated 29th August	 1968 passed under section 3(1)(a)(ii) of the Act. The grounds of detention were also served on the same day. He made his representation on 17th September	 1968 and his case was referred to the Advisory Board also on the same date. The report of the Advisory Board was received on 28th October	 1968. On 7th November	 1968	 his order of detention was confirmed by the Government on the basis of the report of the Advisory Board. This petition was then received in this Court from the petitioner in July	 1969. challenging his detention trader the order dated 29th August	 1968. The petition came up for hearing before a Bench of this Court on 29th August	 1969 when	 at the request of the counsel for the State of Assam	 time was granted by the Court till 8th September	 1969 to send for full material. Meanwhile	 it appears that a fresh order for his detention under section 3(1)(a)(ii) of the Act was issued on 28th August	 1969 and this order was served on the petitioner in Delhi on 29th August	 1969	 after the adjournment had been obtained from this Court. Thereupon	 the petitioner	 on 1st September	 1969	 filed an application for amendment of the writ petition and for adding additional new grounds so as to challenge the validity of his detention under the order dated 28th August	 1969. The grounds of detention under this new order were also served on the petitioner on 29th August	 1969. When this petition came up for hearing before us on 9th September	 1969	 learned counsel for the State of Assam stated that no material had been received from the Government and wanted time to be granted to meet the facts put forward in the application dated 1st September	 1969. It appears that	 though an officer was sent by the Government of Assam to Delhi to serve the order dated 28th August	 1969 on the detenu which he did on 29th August	 1969	 no attempt was made to obtain the material for which time had been obtained from the Court on 29th August	 1969. If a fresh order had been passed and had been served on the petitioner in supersensible of the previous order which was challenged in the writ petition	 the State Government should have sent full material relating to this order	 which it became necessary for the petitioner to challenge by amending his writ peti 519 tion. Detention of a person without trial	 even for a single day		 is a matter of great consequence and	 hence	 we did not consider that	 in the circumstances mentioned above	 there was any justification for granting further time to the State Government to obtain material and file a reply to this application dated 1st September	 1969. In view of the facts mentioned above	 it is clear that the ' validity of the order of detention dated 29th August	 1968	 which was first challenged in the petition	 has become immaterial because the petitioner is now under detention by virtue of the fresh order dated 28th August	 1969 served on him on 29th August	 1969. In the counter affidavit filed it was stated that the first order of detention dated 24th April	 1968 had automatically lapsed	 because that order did not receive the approval of the State Government within 12 days as required by section 3(3) of the Act. This admission would indicate that	 after the expiry of those 12 days	 the petitioner 's detention was not justified by any valid order passed in law until the second detention order was served on him on the 30th August	 1968 after releasing him from custody. However	 in the present writ petition	 we are not concerned with the effect of this procedure adopted by the State Government	 because	 even if it be assumed that the second order of detention was validly served on the petitioner on 30th August	 1968	 the period of that detention expired on 28th August	 1969 in view of section 11 A of the Act which prescribes a maximum period of 12 months for detention under the Act on the basis of an order passed under section 3 of the Act. On 29th August	 1969	 the detention under the second order dated 29th August	 1968 having expired	 the State Government passed this third order of detention and served it on the petitioner while he was still in custody in Delhi. The question is whether the further detention under this third order is valid. The provision contained in section 11 A(2) of the Act clearly lays down the intention of Parliament that on the basis of grounds found to exist at one time	 the maximum period of detention under section 3 should be 12 months and no more. On the expiry of that period	 that order of detention would lapse; but a fresh order of detention is permitted to be passed under section 13(2) of the Act which is as follows : "13. (2) The revocation or expiry of a detention order shall not bar the making of a fresh detention order under section 3 against the same person in any case where fresh facts have arisen after the date of revocation or expiry on which the Central Government 520 or a State Government or an officer	 as. the case may be	 is satisfied that such order should be made." "This provision clearly lays down that a fresh detention order can be made on the revocation or expiry of a previous detention order only in cases where fresh facts have arisen after the date of revocation or expiry. This principle was explained by this Court in Hadibandhu Das vs District Magistrate	 Cuttack and Another(1) where it was held : "On January 28	 1968	 the State of Orissa purported to revoke the first order and made a fresh order. The validity of the fresh order dated January 28	 1968	 made by the State of Orissa is challenged on the ground that it violates the express provisions of Section 13(2) of the . In terms that subsection authorises the making of a fresh detention order against the same person against whom the previous order has been revoked or has expired in any case where fresh facts have arisen after the date of revocation or expiry	 on which the detaining authority is satisfied that such an order should be made. The clearest implication of Section 13(2) is that after revocation or expiry of the previous order	 no fresh order may issue on the grounds on which the order revoked or expired had been made. In the present case	 the order dated December 15	 1967 passed by the District Magistrate	 Cuttack was revoked on January 28	 1968	 and soon thereafter a fresh order was served upon the appellant. It is not the case of the State that any fresh facts which had arisen after the date of revocation on which the State Government was satisfied that an order under Sec. 3(1)(a)(ii) may be made. There was a fresh order	 but it was not based on any fresh facts. " In view of this decision	 we have to see whether	 in the present case	 the requirements laid down by section 13(2) of the Act for making a fresh order were or were not satisfied. The main requirement is that the order must be made not merely on the past grounds	 but no fresh facts which have arisen after the date of expiry. In the present case	 we have compared the grounds of detention served in pursuance of the order dated 28th August	 1969	 with the grounds of detention which were served on the petitioner pursuance of the second detention order dated 29th August	 1968	 and we find that the two are identical	 except that two (1) ; 521 small paragraphs have been added when serving the grounds of detention in respect of the detention order dated 28th August	 1969. These paragraphs are as follows: "That though in preventive custody	 he has been maintaining links with Shah Syed Hussain and other associates	 who went underground in Nagaland	 through his friends and relatives. Shah Syed Hussain and his gang since received some arms and explosives from Naga rebels for committing acts of sabotage and creating large scale disturbances	 particularly in the plains areas along Assam Nagaland border. That	 in the circumstances	 Shri Khetra Gogoi 's being at large will jeopardise the security of the State and the maintenance of public order in this region. " The first one of these two paragraphs is the only one that purports to mention some ground in addition to the grounds which were included amongst the grounds which were the basis of the order dated 29th August	 1968. We have found it very difficult to appreciate how a person in preventive custody could continue to maintain links with his associates outside jail who had gone underground even through his friends and relatives. of the (present) petitioner was able to maintain such links	 it casts a sad reflection on the persons in charge of him while he was in custody and	 in any case	 it would appear that his detention could serve no useful purpose. It appears (to us) to be	 in fact	 very doubtful whether any such contacts could possibly have been maintained. However	 even if we accept that such links were maintained	 this additional ground mentioned does not satisfy the requirements of section 13(2) of the Act	 because the only allegation is that the links were maintained during the period of preventive detention. Under section 13(2) what is required is that fresh facts should have arisen after the expiry of the previous detention. Facts arising during the period of detention are	 therefore	 not relevant when applying the provisions of section 13(2). In the present case	 the fresh order was passed on 28th August	 1969	 a day before the expiry	 and it is obvious that no fresh facts could by that date arise and yet be held to have arisen after the date of expiry. The order dated 28th August	 1969 was	 therefore	 not at all justified under section 13(2) of the Act and that order being in violation of the provisions of the Act has to be held to be invalid	 so that the detention under that order is illegal. The petition is allowed. The petitioner shall be set at liberty forthwith. Y.P. Petition allowed.

Section 11 A(2) of the lays down in part that the maximum period of detention under section 3 should be 12 months and no more	 and after the expiry of that period	 that order. of detention would lapse. A fresh detention order under section 13(2) can be made on the revocation or expiry of a previous detention order only in cases where fresh facts have arisen after the date of revocation or expiry. The petitioner	 was put in detention in pursuance of an order dated August 29	 1968. He presented a petition under article 32 of the Constitution for the issue of a write of habeas corpus	 while this petition was pending	 another order of detention was issued on August 28	 196.9	 a day before the expiry of the previous order. The grounds of detention in this latter order was identical to that of August 28	 1968 excepting the charge that the petitioner	 though in preventive custody was maintaining links with certain named hostile persons through friends and relatives and that his liberty would jeopardise the security of the State and public order in the region. The petitioner challenged the latter order of detention by adding additional grounds. : The order of detention dated August 28	 1969 was not justified under section 13(2) of the Act	 being in violation of the provisions of the Act	 and was invalid. Under sec. 13(2) what is required is that fresh facts should have arisen. after the expiry of the previous detention. Facts arising during the period of detention	 are	 therefore	 not relevant when applying the provisions of section 13(2). In the present case	 the fresh order was passed on 28th August	 1969	 a day before the expiry	 and it was obvious that no fresh facts could by that date arise and yet be held to have arisen after the date of expiry. It is very difficult to appreciate how a person in preventive custody could continue to maintain links with his associates outside jail	 who had gone underground	 even through his friends and relatives. If the petition was able to maintain such links	 it cast a sad reflection on the persons in charge of him while he was in custody and	 in any case	 it would appear that his detention could serve no useful purpose. Even if it be accepted that such links were maintained	 this additional ground mentioned did not satisfy the requirements of section 13(2) of the Act	 because the only allegation was that the links were maintained during the period of preventive detention.