2008 (8) TMI 988 - HC - Indian Laws

Court dismisses habeas corpus petition due to delay in execution, finding no gross delay or other challenges raised.

The court dismissed the habeas corpus petition challenging a detention order due to delay in execution, citing a previous judgment where a similar delay ... - Issues involved: Habeas Corpus petition challenging detention order due to delay in execution.Judgment Summary:Issue 1: Delay in execution of detention order- The petitioner, brother of the co-detenu, challenged the detention order on the grounds of delay in execution.- A previous judgment in a similar case was delivered on 14th August 2008, where the delay was deemed justified, leading to the dismissal of the petition.- The current petition raised identical arguments regarding the delay in execution of the detention order.- The chronology of events leading to the execution of the detention order on the present detenu was outlined.- The court found that the delay in execution was properly explained by the authorities, similar to the findings in the previous case.- Noting the issuance of notification u/s 7(1)(b) of the COFEPOSA Act, the court concluded that no gross delay was evident in executing the detention order.- Since no other points were raised challenging the detention order, the court dismissed the writ petition based on the legal aspects discussed in the previous judgment.This judgment addresses the habeas corpus petition filed by the petitioner challenging a detention order based on delay in execution, with the court finding the delay justified and dismissing the petition accordingly.