AB RASHID DAR Vs. STATE

JUDGEMENT

(1.) A detention order passed under Section 8 of Public Safety Act, 1978 dated 10.9.2001 for detaining the detenue is the subject matter of challenge in this petition. The detention ordered is for 24 months.

(2.) IN the petition various grounds of challenge have been urged, however in argument only one ground has been urged that is that the detenue was already in custody and had not applied for bail as such there was no prospect of immediate release of the detenues yet the detention order was passed which is therefore, illegal and vitiates detention of the detenue.

(3.) WHAT are the circumstances under which a detention order can be passed against a person in custody? This question was considered by the Apex Court in the following authorities: