TMI Blog1998 (7) TMI 680X X X X Extracts X X X X X X X X Extracts X X X X ..... order had been challenged, the High Court ought to have gone into the question of validity of the order of detention, since the existence of such an order was the sine-qua-non for initiating proceedings under SAFEMA. The order of detention had been challenged and that challenge was not unsuccessful on merits. Appeal allowed - remand the writ petition to the High Court to be disposed of on merits. - CRL.A. 688 OF 1998 - - - Dated:- 22-7-1998 - A.S. ANAND, V.N. KHARE, JJ. JUDGMENT Leave granted. The husband of the appellant was detained by an order of detention, dated 25.2.1977 under the provisions of COFEPOSA. That order of detention was challenged by filing a writ petition, being Special Criminal Application No. 101 of 1977 in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arious grounds which had ben raised in the writ petition filed by her husband and which the High Court and dismissed as "infructuous" without going into the merits of the case. The High Court took the view that the revocation of the order of detention was inconsequential insofar as proceedings under SAFEMA were concerned and also declined to go into the merits of the challenge to the order of detention on the ground that the petition filed by t he husband of the petitioner had been dismissed as infructuous in the year 1977 and the same could not be revived after a period of about twenty years. The writ petition of the petitioner was, therefore, dismissed on these two grounds. The judgment of the High Court has been put in issue before u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngs under SAFEMA. The order of detention had been challenged and that challenge was not unsuccessful on merits. A three Judge bench of this Court in Competent Authority, Ahmedabad, etc. etc. vs. Amritlal Chandmal Jain Ors. etc. etc. (Criminal Appeal No. 2 of 1994 with Civil Appeal NO. 1487/94 and Criminal Appeal No. 574/94) considered a somewhat identical situation and opined : "Once the detenu is released during pendency of his writ of habeas corpus by the detaining authority it cannot always be said that writ petition had become infructuous and that the grounds on which the order of detention become invalid. But then if the Court refuses or itself does not go into the merit of controversy in writ of habeas corpus when detenu is rele ..... X X X X Extracts X X X X X X X X Extracts X X X X
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