By TIOL News Service

NEW DELHI, FEB 23, 2017: THE issue revolves around the detention order dated 11th August, 2005. The petitioner assailed the detention order, prior to his arrest. He approached the Supreme Court, by filing a writ petition in the year 2006. During the course of hearing of the writ petition, an interim order was passed on 7th March, 2007 as:

In view of letter circulated by learned counsel for the respondent seeking time for filing counter affidavit, the matter is adjourned by one week. In the meanwhile, the respondent - State shall not give effect to the order of detention.

Consequent upon the passing of the above motion Bench order on 7th March, 2007, the petitioner has never been arrested. The writ petition, has been pending for the last more than 10 years. It is not the case of the State, that the petitioner indulged in any untoward activity, while the petition was pending before the Supreme Court, and while the petitioner was a free citizen, enjoying absolute liberty.

In the above view, the Supreme Court observed that there can hardly be any justification, for sustaining the detention order dated 11th August, 2005.

The Supreme Court also noticed that the final order also came to be passed with reference to the detention order.

In response to the show cause notice (dated 25.7.2005) issued to the petitioner, he approached the Settlement Commission, Mumbai. The Settlement Commission passed an order dated 14th November, 2006, completely exonerating the petitioner from any involvement. The Settlement Commission observed that all allegations levelled against the petitioner are baseless and unfounded.

Having perused the inferences and conclusions drawn by the Settlement Commission, the Supreme Court is of the view, that the detention order dated 11th August, 2005, was even otherwise improper and unjustified in view of the factual position.

The detention order dated 11th August, 2005, passed against the petitioner is set aside.

(See 2017-TIOL-87-SC-CUS-LB)