2010 (5) TMI 936 - SC - Indian Laws

Summary

Issues involved: Challenge to detention order at preexecution stage, similarity of facts to previous case.

Challenge to detention order at preexecution stage: The appeal was against the judgment of the Delhi High Court dismissing the Writ Petition challenging the detention order at the preexecution stage on the ground of non-maintainability. The appellant argued for quashing the order based on a similar case precedent.

Similarity of facts to previous case: The appellant cited a previous case where the Supreme Court had quashed a detention order due to lack of execution and absence of evidence of continued unlawful activities post-order. The Court, after hearing both parties, noted the similarity in facts with the present case and allowed the appeal, quashing the detention order. It was clarified that the decision was specific to the case at hand and not a general precedent for other cases.