Detention order quashed after 10 years due to lack of evidence, petitioner exonerated

The Court set aside the detention order dated 11th August, 2005, as improper and unjustified after considering the Settlement Commission's findings exonerating the petitioner from any involvement in the alleged activities. The writ petition challenging the detention order, filed in 2006, remained pending for over 10 years with no evidence of unlawful activities by the petitioner during this period. An interim order in 2007 restrained the state from executing the detention order, and the petitioner was never arrested following that order.

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Issues involved:
Challenge to detention order dated 11th August, 2005.

Analysis:
The petitioner challenged the detention order prior to arrest by filing a writ petition in 2006. An interim order was passed on 7th March, 2007, restraining the state from executing the detention order. The petitioner was never arrested following this order, and the writ petition remained pending for over 10 years. During this period, there was no evidence of the petitioner engaging in any unlawful activities. Consequently, the justification for sustaining the detention order was questioned.

The Settlement Commission, Mumbai, exonerated the petitioner from any involvement through an order dated 14th November, 2006. The Commission's findings indicated that the allegations against the petitioner were baseless and unfounded. The Court, after considering the Settlement Commission's conclusions, deemed the detention order of 11th August, 2005, as improper and unjustified. Therefore, the Court set aside the detention order and disposed of the writ petition accordingly.

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