1998 (3) TMI 630

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....rned counsel for the parties. In our view, a very unusual order seems to have been passed in a pending appeal by the Division Bench of the High Court. It is challenged by the Union of India in these appeals. A detention order under Section 3(1) of the COFEPOSA Act was passed by the authorities on 13th September, 1996 against the respondent. The respondent before surrendering filed a writ petition ....

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....st the said grounds as required by Article 22(5) of the Constitution of India. It is true as the learned partly heard before the Division Bench and the last hearing was over on 4th June, 1997 and thereafter, the Bench has not reassembled. It is obvious that for the same neither the respondent nor the appellant is at fault. However, the fact remains that the detention order dated 13th September, 19....

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.... passed by the Division Bench pending the appeal. All these extension orders are also set aside. We make it clear that we make no observation on the merits of the controversy centering round this detention order. The said controversy will have to be resolved by the High Court in the pending writ petition after hearing the contesting parties. At the request of the learned senior counsel for the ....