9911796707
|
Home
Issues Involved:
1. Jurisdiction of the Punjab and Haryana High Court to entertain the criminal writ petition. 2. Validity of the detention order and grounds of detention under COFEPOSA Act. Issue-wise Detailed Analysis: 1. Jurisdiction of the Punjab and Haryana High Court to entertain the criminal writ petition: The primary issue addressed in this judgment is whether the Punjab and Haryana High Court has jurisdiction to entertain the writ petition filed under Article 226 of the Constitution of India, challenging the detention order and grounds of detention issued under Section 3(1) of the COFEPOSA Act by the State of Maharashtra. The detenu, a resident of Punjab, was arrested at Sahar International Airport, Mumbai, and the detention order was executed by the Batala police in Punjab on the request of the State of Maharashtra. The respondents raised a preliminary objection, asserting that the entire cause of action arose within the State of Maharashtra, as the detention order was issued and served there, and the prejudicial activities occurred in Mumbai. They cited several judgments to support their contention that mere residence of the detenu in Punjab does not confer jurisdiction on the Punjab and Haryana High Court. The petitioner's counsel argued that part of the cause of action arose in Punjab since the detenu was arrested there, citing judgments such as Tirlok Nath Mittal v. Union of India and D.N. Anand v. Union of India, where the courts held that part of the cause of action arose within their jurisdiction due to certain actions taken in their states. However, the court distinguished these cases, noting that the detention order and grounds of detention were served in Maharashtra, and the prejudicial activities were connected to Maharashtra. The court emphasized that the mere arrest of the detenu in Punjab does not confer jurisdiction on the Punjab and Haryana High Court. The court also referenced judgments like Vijender Kumar Jain v. Union of India and Kimiti Lal Sethi v. Union of India, where similar jurisdictional objections were upheld, and petitions were dismissed. The court concluded that no part of the cause of action arose within the jurisdiction of the Punjab and Haryana High Court, and thus, the petition was not maintainable. The petition was dismissed on the point of jurisdiction. 2. Validity of the detention order and grounds of detention under COFEPOSA Act: Although the petition also challenged the validity of the detention order and grounds of detention, the court did not delve into these issues due to the preliminary objection regarding jurisdiction. The court focused solely on determining whether it had the authority to entertain the petition, ultimately deciding that it did not. Conclusion: The Punjab and Haryana High Court dismissed the criminal writ petition on the grounds that it lacked jurisdiction to hear the case. The court held that the entire cause of action arose within the State of Maharashtra, where the detention order was issued, served, and related prejudicial activities occurred. Consequently, the petition was dismissed on the point of jurisdiction only.
|
