MOOL SHANKAR GANDHI Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition was filed on 12th May, 1994, for issue of a direction that the respondents may be directed to place on record the impugned order of detention, the grounds of detention, list of documents and the documents which have been relied upon by the detaining authority for the purpose of passing the order of detention and also for the issue of a writ of mandamus or direction in the nature thereof to quash the impugned order of detention

(2.) The writ petition was filed.at the pre-detention stage. The law in relation to pre-detention case is well settled and has been explained by the Supreme Court in Alka Subhash Gadia -JT 1991 (1) S.C.C. 549. Thereafter, there have been five or six other cases decided by the Supreme Court in relation to pre-detention cases. These judgments of the Supreme Court were considered in a 'recent Full Bench of this Court in Mansukh Chhagan Lal Bhatt Vs. UOI & Ors. in Criminal Writ Petition No.222/1994 decided on 20th October, 1994 (since reported in 1994 (31) DRJ 304). It has been held in the Full Bench decision after an elaborate consideration of the law, that delay in the issuance of the detention order as well as the delay in the execution of the detention order do come within the principles laid down in Alka Subhash Gadia's case (supra).

(3.) Learned Counsel for the petitioner agrees that in view of the Full Bench decision, the said questions cannot be raised before the Division Bench. Learned Counsel also argues that the release of co-detenues con- nected with the same transaction is not a ground for release of the petitioner and for quashing the order of detention so far as the petitioner is concerned in view of what is stated in the Full Bench decision read with the decision of the Supreme Court in Prem Singh's case - 1994 (2) Scale 747.