TMI Blog1998 (3) TMI 630X X X X Extracts X X X X X X X X Extracts X X X X ..... will be appropriate to direct that the ad interim relief which is extended from time to time by the Division Bench of the High Court and which was continued all throughout, shall stand vacated - CRL.A. 289 OF 1998 - - - Dated:- 16-3-1998 - S. B. Majmudar And S. P. Kurdukar,JJ. JUDGMENT Majmudar, JJ. Delay condoned. Leave granted. We have heard learned counsel for the parties. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 opportunity to study the grounds of detention and to make his representation against the said grounds as required ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... detention order. After surrendering it will be open to the respondent to amend his writ petition and to take all permissible legal grounds to challenge the detention order and these grounds will have to be considered by the High Court on their own merits after hearing the parties. These appeals have been moved Also against various extensions of interim relief orders passed by the Division Bench p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that though the detention order was dated 13th September, 1996, it was not executed against the respondent till he obtained interim relief from the learned single Judge on 23rd October, 1996 and thereafter also subsequently there was no interim relief from 12.11.1996 to 10.1.1997, yet the order of detention was not executed. Therefore, according to him, the order of detention has become stale. T ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
