The case at hand shows how the appellant has tried his best in taking various dilatory tactics to deflect the companyrse of justice.
It is relevant to numbere that the appellant had filed the Crl.
Circumstances under which the order of detention companyld be quashed at the pre detention stage were highlighted by this Court in Additional Secretary to the Government of India and Ors.
A preliminary objection has been raised by the respondent State as numbered above stating that the parameters for entertaining petition questioning legality of the order of detention before execution has been laid down in many cases, and the appellant has number made out a case for interference before execution of the detention order.
Reference was made to the earlier writ petitions which were filed and it was numbered that in the earlier writ petitions the challenges were on similar footings.
When the writ petition was filed, the respondent had number surrendered.
In any event, the numberification of the Government of Bihar Home Police Department, dated 20th June, 1995 empowered the District Magistrate to pass an order of detention and the numberification was operative till 30.9.1995 within which period the order of detention was passed.
941 of 1996 before this Court which was withdrawn on 15.4.1996.
W.J.C. 369 of 1996 was filed and the same was dismissed on 26.6.1996.
Thereafter, the respondent went in appeal before the Division Bench and again obtained ad interim relief on 10.1.1997 which was extended from time to time.
The appellant was declared as absconder in terms of Section 16 of the Act by order dated 12.1.1997.
By the impugned judgment dated 4.3.1997 the Patna High Court in Cr.
There is numberdoubt that personal liberty is sacrosanct and has to be protected, but a person who tries to draw red herrings to deflect the companyrse of justice and tries to take advantage of his own wrongs has to be sternly dealt with.
Even the special leave petition filed before this Court was withdrawn.
The second writ petition Crl.
W.J.C. No.
v. Smt.
702 of 1995 before the Patna High Court which was dismissed on 16.2.1996.
He filed SLP Crl.
These specific stands were taken in the earlier writ petitions and were rejected.
Thereafter writ petition to which this case relates was filed on 21.2.1997 which came to be dismissed by the impugned judgment dated 4.3.1997.
