Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the petitioner could maintain a second writ challenge to the detention order on grounds already rejected earlier or on new grounds of delayed service, rejection of representation, and subsequent acquittal in a summons-compliance case.
Analysis: The challenge based on the co-detenue's quashing had already been considered and rejected in the earlier round, and that decision had attained finality. The representation rejecting the same ground did not affect the validity of the detention order. The alleged delay in service of the detention order was not shown to be a ground that could not have been urged in the earlier petition. The acquittal under Sections 174 and 175 of the Indian Penal Code, 1860 did not furnish a valid basis to attack the preventive detention order.
Conclusion: The Court held that no ground was made out to permit a second challenge to the detention order, and the writ petition was dismissed.
Ratio Decidendi: A second writ challenge to a detention order cannot be entertained on grounds that were already rejected or that ought to have been raised in the earlier proceeding, absent a valid explanation for the omission.