detention order
and whether in all cases the Court is required to call for the
detention order and grounds for detention for its own perusal ... original file, order of detention and the
grounds for detention to satisfy itself whether at preexecution
stage when the order of detention is challenged
relevant for consideration before actual execution of order of
detention, the proposed detention order cannot be quashed without
being executed or even before confirming ... considering different judicial pronouncements against such detention
order and considering the detention order of co-accused which are
quashed and set aside by the Competent
with the detention order dated 19-2-1986 at the residence of the petitioner, it must be deemed that the detention order has been served ... order of detention is served. If these mandatory provisions are not satisfied, in our opinion, the detention under the order will be void, irrespective
application of mind in passing the order of
detention and, therefore, the order of detention may be quashed. It is
further submitted that the land ... relevant for
consideration before actual execution of order of detention, the proposed
detention order cannot be quashed without being executed or even before
confirming
period of detention, there must be fresh facts for passing subsequent order. A fortiori when a detention order is quashed by the court issuing ... passed a subsequent order [the impugned order] of detention, in absence of any fresh grounds therefor, after earlier detention order dated 13th March
detention supporting his earlier detention order dated 21-2-1989 as also the copy of the earlier detention order. Along with grounds of detention ... order of detention;
(b) the Government or the officer making the order of detention shall be deemed to have made the order of detention under
legal position that order of
detention can be challenged even at the time of
challenging the order under SAFEMA.
- Order of detention of Nazir Ahmed ... prove the validity
of emergency and revoke the order of detention based
upon emergency, then, detention orders itself needs to be
termed as null
during which the detention
order remain pending and thereafter take the plea
that the order of detention is fit to be quashed ... date of the detention order would render the
detention order itself illegal or would render the
execution of the detention order illegal
during which the detention
order remain pending and thereafter take the plea
that the order of detention is fit to be quashed ... date of the detention order would render the
detention order itself illegal or would render the
execution of the detention order illegal
relevant for consideration before actual execution of
order of detention, the proposed detention order cannot be
quashed without being executed or even before confirming ... considering different judicial
pronouncements against such detention order and considering the
detention order of co-accused which are quashed and set aside by
the Competent
