Chhagan Bagwan Kahar vs N.L. Kalna & Ors on 16 March, 1989
6. This Court, in earlier petition, viz. HC(W) No. 69/2013 has quashed
detention order bearing no.07/DMA/PSA/DET/2013 dated 20.06.2013, while
dealing with grounds of detention made use of in support of the said
detention order. The same grounds could not have been relied upon for
making a fresh detention order. The authoritative judicial pronouncements on
the subject are that even if the order of detention comes to an end either by
revocation or by expiry of the period of detention, there must be fresh facts
for passing a subsequent detention order. When a detention order is quashed by
the Court, issuing a high prerogative writ, like habeas corpus or certiorari, the
grounds of said detention order should not be taken into consideration either as a
whole or in part even along with fresh grounds of detention for drawing requisite
subjective satisfaction to pass a fresh detention order because once the Court strikes
down an earlier order by issuing a rule, it nullifies the entire order. It is, thus, clear
that an order of detention cannot be made after considering previous grounds of
detention when the same had been quashed by the Court, and if such previous
grounds of detention are taken into consideration while forming subjective
satisfaction by detaining authority in making a detention order, the order of
detention will be vitiated. It is of no consequence if further fresh facts, disclosed in
the grounds of impugned detention order, have been considered. Reference in this
regard is made to Chhagan Bhagwan Kahar v. N. L. Kalna and others, AIR 1989
SC 1234 and Ramesh v. State of GujaratAIR 1989 SC 1881. Detention order,
impugned herein, is, thus, liable to be quashed as the grounds of detention, made
use of by respondent no.2 while passing earlier detention order, subsequently
quashed by this Court, have been pressed into service while passing impugned
detention order.