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Fema / RBI

No quashing of Detention Order for mere delay in Execution

Case Law Details

Case Name
Mohd Nashruddin Khan Vs. Union of India (Delhi High Court)
Date of Judgement/Order
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Advertisement Mohd Nashruddin Khan Vs. Union of India (Delhi  High Court) The instant petition is filed by the petitioner to seek quashing of the respective Detention Orders. High Court state that the Supreme Court has held that the basis of detention is the satisfaction of the Executive – of a reasonable probability of the likelihood of the detenue acting in a manner similar to his past acts, and preventing him by detention from doing the same. It has been further held that there is no parallel between prosecution in a court of law, and a Detention Order under the Act. One is a punitive...
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