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2014 (7) TMI 1193

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..... er that the detention orders and the grounds of detention of the petitioners be served on them on or before 31.07.2014. To enable the petitioners to seek remedy if any available to them, in accordance with law, as against the detention orders and grounds of detention, we make the interlocutory orders granted in these writ petitions absolute on the same terms until the 31st of August, 2014. This will be notwithstanding any of the terms and conditions imposed by the Court of Session in the bail orders issued to the petitioners herein. - Petition disposed of - W.P.(C) Nos. 8917 and 8946 of 2014 - - - Dated:- 16-7-2014 - THOTTATHIL B.RADHAKRISHNAN P.B.SURESH KUMAR, JJ. For the Petitioner : Advs.Sri.V.V.Raja And Sri.M.T.Sureshkumar .....

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..... of the challenge to the pre-detention order at the pre-execution stage, will it be open to the High Court to direct the detaining authority to disclose the order of detention and the grounds therefor and thereby open up the scope of the attack to be enlarged to other grounds as well? 3. On the basis of the different submissions made by the learned counsel appearing for the petitioners, the learned Additional Director General of Prosecution and the learned Special Public Prosecutor for the Directorate of Revenue Intelligence, we think that the issue as to whether the detenue has to actually suffer the enforcement of the detention order to be given its copy and also the grounds for detention is not an issue conclusively decided in the t .....

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..... in the cases in hand. 4. Obviously, without a copy of the detention order and the grounds of detention being served on the proposed detenue, it would be inconceivable that we should proceed to hear the matter on grounds as to the contents of the detention order or its grounds. The question as to whether there is due and fair application of mind by the detaining authority on the proposal of the sponsoring authority is also an issue that would fall within this class of arguments. 5. For the present, it would suffice that we treat these two cases as special situations and order that the detention orders and the grounds of detention of the petitioners be served on them on or before 31.07.2014. To enable the petitioners to seek remedy if .....

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