Supreme Court Invalidates Detention Orders Due to Lack of Proper Consideration The Supreme Court allowed seven writ petitions under Article 32 due to the detaining authority's total non-application of mind. The detention orders were ...
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Supreme Court Invalidates Detention Orders Due to Lack of Proper Consideration
The Supreme Court allowed seven writ petitions under Article 32 due to the detaining authority's total non-application of mind. The detention orders were deemed invalid as they were based solely on a police dossier without proper consideration, ignoring the petitioner's existing custody in a criminal case. The court ordered the release of the petitioners unless they were sought in connection with other cases.
The Supreme Court allowed seven writ petitions under Article 32 on the ground of total non-application of mind by the detaining authority, the District Magistrate of Udhampur. The detention orders were found to be based on a verbatim reproduction of a police dossier without proper consideration. The detaining authority did not take into account that the petitioner was already in custody in connection with a criminal case. The court directed the release of the petitioners unless they were wanted in connection with other cases.
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