shall be one year from the date of detention. 15. Revocation of detention orders
(1) Without prejudice to the provisions of section ... period of twelve months from the date of detention under the earlier detention order. 16. Temporary release of persons detained
(1) The State Government
maintenance of public order
We have carefully considered the offences alleged against
the petitioner in the order of detention and also the
allegations made ... question giving rise to
the question of maintenance of public order. The order of
detention cannot, therefore, be upheld.
Coming back to the question
order" in the
impugned order be not construed as referring to "maintenance
of public order" the impugned order cannot be said ... order, but it is
said that public order and law and order are not the same
thing, and, therefore, though an order of detention
made by a Magistrate competent to make such order, and where an order for such further detention is made, the period during which the accused ... that, where such order is made by an Executive Magistrate, the Magistrate making the order shall forward a copy of the order, with his reasons
grounds on which a detention order has been made or the
representation made by him against the order of detention,
and is to that extent ... have a bearing on the necessi-
ty for the order.
7. Grounds of order of detention to be disclosed to
persons affected by the order
orders had been passed by the Division Bench and therefore, it was ordered that as no stay order against the order dated 29th October ... this ground and that no period of detention has been fixed in the detention order; some cases were also cited, but I do not find
manner prejudicial to the
maintenance of public order, passed the impugned order of
detention on August 16, 1983 before the petitioner could be
released ... they were satisfied that the petitioner was not
in detention under the impugned detention order. They
however observed that if and when the petitioner
manner prejudicial to the maintenance of public order
passed the impugned order of detention.
4. Initially Shri Sushil Kumar, learned senior counsel for the petitioner ... should be exercised with
restraint and great caution. In order to pass an order of detention under
the Act against any person the detaining authority
provide
the springboard to move under a preventive detention statute.
We, therefore, quash the detention order on this ground….”
10
14 In Sama Aruna ... relying on stale
materials while passing the orders of detention 10. At least ten detention orders
under the Telangana Act of 1986 have been
that the detention order, the grounds of detention, and the
documents relied upon for passing the detention order be
furnished to the detenu ... frustrated and the very object of the detention law would be
defeated, and therefore, the detention order should in no
case be allowed