9911796707
TMI Blog2008 (2) TMI 875X X X X Extracts X X X X X X X X Extracts X X X X ..... t and the material on the basis of which the grounds have been framed are 1712 pages comprising of 154 documents. We propose to dispose of this writ petition on a short question and would not go into the grounds of detention, in detail. 3. The learned Counsel for the petitioner has drawn our attention to the counter affidavit filed by the Detaining Authority. This counter affidavit discloses that the Detaining Authority had twice ordered detention of the detenu before actually she passed the order of detention. Sponsoring Authority made available material to the Detaining Authority on 26.9.2005, it was scrutinised and according to the Detaining Authority at that stage the proposal contained the material with 1498 pages. The Under Secreta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion was issued, it was done within a day. 4. We have perused the file. On 26.12.2005 the file was placed before the Detaining Authority for the first time then it travelled back and forward and ultimately she signed the Detention Order and Detention Order was also issued on the same day. In the night the police went to arrest the detenu but did not find him at the address given. That report is also on file. There is further assertion in the affidavit filed by the Detaining Authority to the following effect: I state that I again considered all the documents together including further generated documents and directed to issue the order of detention. The contention of the learned Counsel for the petitioner is that it was not physicall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re reduced to 12 days and according to the counter affidavit the documents ran into about 2000 pages and as such it was not possible for the Detaining Authority to go through the material and apply his mind. Supreme Court rejected this contention on the ground firstly that there was sufficient time for the Detaining Authority to consider the matter and admittedly there were 12 working days and some of the non-working days. It also accepted the contention of the Detaining Authority that the process of passing a Detention Order by Detaining Authority was a continuous process and in that continuous process the material collected and examined by the Detaining Authority was possible within the period which was available to the Detaining Authorit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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