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2004 (2) TMI 361 - SC - Companies LawWhether the detenu or any one on his behalf is entitled to challenge the detention order without the detenu submitting or surrendering to it? Whether the period during which the detenu is on parole can be adjusted from the period of detention indicated in the detention order? Held that:- Appeal allowed. The High Court does not appear to have considered the case in the background of whether any relief was available to the writ petitioner even before the order of detention was executed. The reliance sought to be placed on the fate of proceedings taken against others is wholly inappropriate. The individual role, behavioural attitude and prognostic proposens-this have to be considered, person-wise, and no advantage can be allowed to be gained by the petitioners in these cases based on considerations said to have been made as to the role of the others and that too as a matter post detention exercise undertaken so far as they are concerned.
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