option but to quash the detention order.
(19) Since the petitioner's detention order is liable to be quashed only on this ground, therefore ... detention order has been challenged. Undoubtedly, there is unreasonable and unexplained delay in consideration of petitioner's representation. Consequently, the impugned detention order dated
detention and/or continued detention of the detenu illegal and bad in law. Consequently, the impunged order of detention deserves to be quashed ... with that detention order.
(9) Admittedly these detention orders were taken into consideration by the detaining authority. These detention orders could not be taken into
Constitution of India, and the detention order be quashed because of this lapse on the part of the respondent. I have heard Mr. Ashutosh, Learned ... impugned order invalid."
6. In Rama Dhondu Borade v. V. K. Saraf Commissioner of Police , the detention order was quashed for unexplained delay
vitiates the detention order;
3
(ii) the detention order is vitiated on the ground of
non-application of mind;
(iii) the detention order is liable ... supplying the relied upon document, continued detention of
the detenu becomes illegal and detention order has to be
quashed on that ground alone
Thereafter, the detenu filed a Habeas Corpus petition seeking
quashing of the detention order. The said petition was
dismissed on 29.04.2008. The detenu aggrieved ... illegal, unsustainable and liable to be
quashed and we accordingly do so. Since we are quashing the
detention order on the threshold submission
detention order,
impugned order of the High Court dismissing the writ petition
of the appellant and all other connected materials contended
that
(a) The detention ... really
considered before passing the order of detention and taking
note of the fact that the detention order suffers the vice of the
total
sufficiently explained, the same
would not be a ground for quashing an order of detention under
COFEPOSA, but as in this case a major part ... order of detention.
The question as regard delay in issuing the
order of detention has been held to be a valid
ground for quashing
order of detention."
13.Keeping in view the legal position emerging from the above decisions, it is to be seen if the detention order ... Section 3 of the COFEPOSA Act and consequently quashed the detention order. Though the facts of the case in hand are not exactly similar
delay of 11 months in passing the detention order was fatal consequently the detention order was quashed. Ms. Sangeeta Bhayana, learned counsel for the petitioner ... same upon the petitioner. The detention order is liable to be quashed and is hereby quashed. Consequently the detention of the petitioner is illegal
inter alia, that the writ of habeas corpus be issued quashing an order of detention dated 31st January, 1991 passed under Section ... Court quashed the detention order on the basis of 17 days unexplained delay. The court while rendering the detention order invalid observed as under
