Judgment

Majmudar, J.-Delay condoned.

2. Leave granted.

3. We have heard learned counsel for the parties.

4. 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 in the High Court on 23rd October, 1996 and obtained ad interim stay of the proposed order which had remained unserved. The learned Single Judge after hearing the parties vacated the ad interim relief. Thereafter, the respondent went in appeal before the Division Bench and again obtain­ed ad interim relief on 10th January, 1997 which was extended from time to time. The writ appeal has not been still disposed of.

5. When the writ petition was filed, the respondent had not surren­dered. Under these circumstances, the proper order which was required to be passed was to call upon the respondent first to surrender pursu­ant to the detention order and then to have all his grievances exam­ined on merits after he had an o