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CS Professional · Drafting, Pleadings and Appearances · Judicial and Administrative Framework

Ms. Kavita Nair, a Member of Parliament, is released from civil detention under the exemption in Section 135A. After the exempted period ends, the decree-holder seeks her arrest again on the same decree. What is the legal position?

She is liable to re-arrest and further detention as if she had never been released, subject to the exemption. Section 135A(2) makes the release temporary, so the exemption does not wipe out the decree-holder's remedy once the protected period ends.

  1. AShe can never be re-arrested on that decree once released
  2. BShe is liable to re-arrest and the further detention she would have faced had she not been released, subject to the exemptionCorrect
  3. CShe can be re-arrested only with the Speaker's written consent
  4. DShe is liable to re-arrest only for half the original detention period

Explanation

Section 135A(2) provides that a person released under sub-section (1) is, subject to that sub-section, liable to re-arrest and the further detention to which she would have been liable if not released. The exemption is temporary, not a discharge of the decree.

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