CHHAGAN BAGWAN KAHAR vs N.L. KALNA & ORS.

The Supreme Court held that once a detention order is quashed by a high prerogative writ such as habeas corpus, the grounds of the original order cannot be considered for issuing a fresh order, as established under Article 22(4) of the Constitution. The Court emphasized the necessity to read down Section 15 of the Gujarat Prevention of Anti-social Activities Act, 1985, to align with constitutional provisions. The detention order was set aside because the detaining authority improperly considered earlier grounds that had been nullified by the Court.