Excelsior Correspondent
JAMMU, Jan 15: Vacation Judge of State High Court Justice Rashid Ali Dar has quashed the detention of 18 petitioners with the direction to the respondents to release the detenues provided they are not required in connection with any other case.
After hearing both the sides in length in one of the petition, High Court observed, “it is well settled law that when the detention order is quashed by the court, grounds of the order so quashed should not be taken into consideration, either as whole or in part, even along with fresh grounds of detention for drawing subjective satisfaction to pass fresh detention order”.
“It is to be appreciated that once the court sets-aside the detention order, it nullifies the entire order. The Detaining Authority, therefore, cannot make use of the grounds that were relied upon to pass the earlier detention order(s) or activities that were detailed in such grounds. No such recourse is available where the earlier detention order is struck down by the court as it sets at naught not only detention order but the grounds on which the detention order is based”, High Court further said.
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