https://www.taxtmi.com/caselaws?id=182617 A preventive detention order can be challenged at the pre-execution stage in exceptional circumstances, and the recognised grounds for such a challenge are exhaustive rather than merely illustrative. The Court applied the settled principle that a person need not be compelled to undergo detention where the order is clearly illegal, but judicial restraint remains the ordinary rule before execution. It also held that inordinate unexplained delay in executing the order, together with unsatisfactory explanations and feeble efforts to secure execution, can break the live and proximate link between the detention grounds and the preventive object. On that basis, the detention order was quashed. en-us Mon, 13 Feb 2012 00:00:00 +0530 Mon, 16 May 2016 11:10:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=182617 A preventive detention order can be challenged at the pre-execution stage in exceptional circumstances, and the recognised grounds for such a challenge are exhaustive rather than merely illustrative. The Court applied the settled principle that a person need not be compelled to undergo detention where the order is clearly illegal, but judicial restraint remains the ordinary rule before execution. It also held that inordinate unexplained delay in executing the order, together with unsatisfactory explanations and feeble efforts to secure execution, can break the live and proximate link between the detention grounds and the preventive object. On that basis, the detention order was quashed. Case-Laws Customs Mon, 13 Feb 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=182617