Preventive Detention

Detention order

— Judicial review — Quashed by the High Court on ground that the order of remand along with the forwarding letter was not sent to the detaining authority, and/or an additional affidavit was not filed — However, order of remand was placed by the sponsoring authority before the detaining authority when the detention order was passed, undisputed — Held, in such circumstances High Court's view that there should have been a forwarding letter or an additional affidavit was clearly without basis — Impugned order set aside, (2006) 7 SCC 540-A

Preventive Detention

Detention order

— Delay in execution of the order — Supreme Court setting aside High Court's order of quashing the detention order — Whether respondent detenu in such circumstances could be appropriately directed to surrender for serving remaining period of detention in view of passage of time — Held, passage of time in all cases cannot be a ground not to send the detenu to serve remainder of the period of detention — It all depends on the facts of the act and the continuance or otherwise of the effect of the objectionable acts — State directed to consider within a period of two months whether there still existed a proximate temporal nexus between the period of detention indicated in the detention order and the date when the detenu was required to be detained pursuant to Supreme Court's order, (2006) 7 SCC 540-B