produce the relevant file / order of detention, grounds
of detention etc. at predetention / preexecution stage.
[6.3] It is further submitted by Shri Jani ... power of calling the order of
detention, grounds of detention at predetention / preexecution
stage as a matter of right. It is purely discretion
detention order could be an additional ground upon which the detention order could be challenged at a pre-detention stage ... enumerated five contingencies upon which an order of detention could be challenged at the pre- detention stage. The relevant passage reads as follows
sought to be detained and the detention order.
In other words, a detention order at pre-detention stage can be only
challenged on the ground ... when,
adverse consequences would justify quashing of the detention order at
pre-detention stage, is a different aspect relating to finding on the
issue
contingencies in which a person could challenge his proposed detention, at the pre- detention stage. In the Full Bench case, we also referred ... another ground for granting stay of the detention at the pre-detention stage. Though such a view was expressed by His Lordship in the Bombay
over the photocopy of the detention order.
5. This writ petition is filed challenging the same at pre-detention
stage raising the following grounds ... challenge to the detention orders at pre-
WP(Crl.) No. 1787 of 2009 Page 6 of 33
detention stage and very detailed submissions were made
Supplementary (1) SCC 496, while permitting the judicial review at pre-execution / pre-detention stage, has limited the scope thereof to the five grounds mentioned ... passing of the detention order, would not be a ground for challenge to the detention order at the pre-detention stage, we may add that
urged on behalf of the respondents that the detention order is at pre-detention stage and it should not be interfered with except under ... fatal to the detention and hence the detention order is liable to be quashed even at the pre-detention stage itself. He relied upon
pre-detention stage. Against the respondent the order of detention alone has been passed on 28th August, 1982. The grounds of detention ... Preventive Detention? Therefore not one of these three grounds on which the High Court choose to interfere at the pre-detention stage could be held
2020,
challenging the impugned detention order at the pre-
detention stage. However, the same came to be
dismissed by this Court vídé order dated ... Signing Date:13.08.2021
19:34:43
petitions filed at the pre-detention/pre-execution stage. At
that time, the respondents sought to explain the delay
that the impugned orders of
detention were earlier challenged by the petitioners
herein at the pre-execution stage, by filing
W.P.(CRL.) 1009/2020 ... petitioners in the aforesaid writ
petitions filed at the pre-detention/pre-execution stage. At that
time, the respondents sought to explain the delay
