Dharmendra Suganchand Chelawat & ... vs Union Of India And Others on 9 February, 1990
"The decisions referred to above lead to the conclusion
that an order for detention can be validly passed against
a person in custody and for that purpose it is necessary
that the grounds of detention must show that (i) the
detaining authority was aware of the fact that the detenue
is already in detention: and (ii) there were compelling
reasons justifying such detention despite the fact that the
detenue is already in detention. The expression
"compelling reasons" in the context of making an order
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for detention of a person already in custody implied that
there must be cogent material before the detaining
authority on the basis of which it may be satisfied that (a)
the detenue is likely to be released from custody in the
near future and (b) taking into account the nature of the
antecedent activities of the detenue, it is likely that after
his release from custody he would indulge in prejudicial
activities and it is necessary to detain him in order to
prevent him from engaging in such activities."