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2014 (12) TMI 1363 - SC - Indian LawsPrinciples of Habeas Corpus - Validity of Detention Order - Section 3 (1)(a)of the National Security Act 1980 - detention order challenged mainly on the ground that the detenu was detained on the solitary ground case and the sponsoring authority has failed to place any material before the detaining authority to show that either the detenu himself or his relatives have taken any step to file bail application in a solitary ground case - Whether if the impugned order passed by the High Court is quashed, can the detenu be then asked to undergo the remaining period of detention? HELD THAT:- The impugned order passed by the High Court quashing the order of detention on solitary ground case is erroneous in law. The detenu was taken into custody in September, 2012, and the order of detention was passed in December, 2012. The said order of detention was finally quashed by the High Court in terms of Order dated 26.4.2013. Apparently, therefore, a long time has lapsed inasmuch as the period of detention fixed in the order of detention has already expired in April, 2014. Even if the impugned order passed by the High Court is set aside, the detenu cannot and shall not be taken into custody for serving the remaining period of detention unless there still exist materials to the satisfaction of the detaining authority for putting him under detention. In other words, initial detention order having been expired long back, it is for the detaining authority to take a decision in accordance with law. The impugned order passed by the High Court cannot be sustained - Appeal allowed.
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