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    <title>1998 (5) TMI 398 - Supreme Court</title>
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    <description>Unexplained and unreasonable delay in executing a preventive detention order may vitiate the detention if the delay undermines the detaining authority&#039;s claim of immediate necessity. Here, the order was passed on 14 March 1996, but the detenu was arrested only on 7 August 1997, and the asserted explanation of abscondence was unsupported by adequate material. As there was no satisfactory account of the steps taken during the long interval, the delay cast serious doubt on the genuineness of the authority&#039;s subjective satisfaction. The detention order was therefore held unlawful and liable to be quashed.</description>
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    <pubDate>Thu, 28 May 1998 00:00:00 +0530</pubDate>
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      <title>1998 (5) TMI 398 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=165465</link>
      <description>Unexplained and unreasonable delay in executing a preventive detention order may vitiate the detention if the delay undermines the detaining authority&#039;s claim of immediate necessity. Here, the order was passed on 14 March 1996, but the detenu was arrested only on 7 August 1997, and the asserted explanation of abscondence was unsupported by adequate material. As there was no satisfactory account of the steps taken during the long interval, the delay cast serious doubt on the genuineness of the authority&#039;s subjective satisfaction. The detention order was therefore held unlawful and liable to be quashed.</description>
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      <pubDate>Thu, 28 May 1998 00:00:00 +0530</pubDate>
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