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2008 Supreme(Del) 133

VIKRAMAJIT SEN, P.K.BHASIN
Rudra Pratap Singh – Appellant
Versus
Union of India – Respondent


Advocates appeared
Ms. Sangita Bhayana, Adv.
Ms. Barkha Babbar, Adv.

JUDGMENT

VIKRAMAJIT SEN, J.:

1. This Writ Petition prays for the issuance of a writ of Habeas Corpus or any other writ, order or direction to quash the impugned Detention Order dated 11.4.2002. There is also a prayer for setting the Petitioner at liberty, which has been rendered infructuous as the Detention Order has already run its course. The challenge is predicated on three grounds-(a) delay in passing the Detention Order, (b) delay in execution of the Detention Order and (c) non-supply of documents.

.2. Almost four decades ago it had been observed in Moti Lal Jain -vs-State of Bihar, AIR 1968 SC 1509 that the interest of society are no less important than that of an individual and that when these two rights collide with each other, a balance

.must be maintained between them by the Courts. A score years later, in T.A. Abdul Rahman -vs-State of Kerala, (1989) 4 SCC 741 = AIR 1990 SC 225 the Supreme Court opined that “when there is unsatisfactory and unexplained delay between the date of detention and the date of securing arrest of the detenu such a delay would throw considerable doubt on the genuineness of the subjective satisfaction of the detaining authority leading to a legiti
















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