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2014 (9) TMI 1253 - HC - Indian LawsPreventive Detention order - petitioners argued that challenge to preventive detention order under KAAPA can be done even at pre-execution stage - HELD THAT:- In the case in hand, the definite plea is that the second petitioner is mentally ill. It would be unreasonable to keep him out without even providing him medical help, if he needs treatment in that regard. This is all the more so because, if the second petitioner is shown to be one who cann - ot be tried owing to any disability in that regard, he has to be presented for treatment by the competent authority and could be put to trial only on being satisfied, on due certification by such authority that he is fit for trial - there is no statutory or public duty in any of the functionaries under KAAPA to consider such a representation, though the Government being the ultimate authority may, in its wisdom, if it desires so, consider that representation and act on it, particularly because under S. 13 of KAAPA, the Government has fairly wide powers in relation to such matters. But, let the Government remember that the Constitution and the laws are the supreme because they form the base cream for governance in terms of the collective will and declaration by "We, the People of India". This Writ Petition is dismissed.
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