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PETITIONER: NARANJAN SIGH NATHAWAN
Vs.
RESPONDENT: THE STATE OF PUNJAB(and 13 other petitions).
DATE OF JUDGMENT: 25/01/1952
BENCH: SASTRI, M. PATANJALI (CJ) BENCH: SASTRI, M. PATANJALI (CJ) MAHAJAN, MEHR CHAND MUKHERJEA, B.K. DAS, SUDHI RANJAN AIYAR, N. CHANDRASEKHARA
CITATION: 1952 AIR 106 1952 SCR 395 CITATOR INFO : R 1966 SC1404 (8) D 1967 SC1797 (4) E 1969 SC 43 (9,10) R 1971 SC2197 (7) R 1974 SC 510 (3) R 1990 SC1480 (99)
ACT: Preventive Detention--Order of detention challenged as illegal-Fresh order superseding previous order--Validity--Question of bad faith--Habeas corpus pro- ceeding--Legality of detention must be determined as at date of return.
HEADNOTE: In the absence of bad faith the detaining authority can supersede an earlier order of detention which has been challenged as defective on merely formal grounds and make a fresh order wherever possible which is free from defects and duly complies with the requirements of the law in that behalf. The question of bad faith, if raised, must be decided with reference to the circumstances of each case. In habeas corpus proceedings the Court is to have regard to the legality or otherwise of the detention at the time of the return and not with reference to the date of the institution of the proceedings. 396 ...