Fresh Fact - Definition - Law Dictionary Home Dictionary Definition fresh-fact

Definition :

Fresh fact, There may be facts which are not germane or are not relevant to the grounds justifying the detention and when s. 14 of the Maintenance of Internal Security Act, 1971 refers to fresh facts it does not refer to facts which are not relevant, but to such fresh facts on which the detaining authority is satisfied that an order of detention should be made. If the fresh facts cannot form the basis for a conclusion on which the detention order can be made, then those facts are not fresh facts which will justify the detaining authority to make an order of detention, Har Jas Dev Singh v. State of Punjab, AIR 1973 SC 2469: (1973) 2 SCC 575: (1974) 1 SCR 281.