9911796707
TMI Blog2008 (11) TMI 607X X X X Extracts X X X X X X X X Extracts X X X X ..... 1999. The respondents in the writ petition opposed the same taking the stand that in some other cases the High Court had taken the view that once the order had become infructuous by lapse of time, a different yardstick should not have been applied. In the case at hand, the writ petition was, therefore, allowed with the following observations: "In view of the above, this petition is allowed and the respondents are restrained from enforcing order dated 10.5.1993. They will however be at liberty to pass any fresh order, if so required, and take appropriate action thereafter in accordance with law." 3. Learned counsel for the appellants submitted that the judgment of the High Court is contrary in terms. If on one hand it was held that the ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Articles 226 and 32 respectively has no role to play once the detention -punitive or preventive- is shown to have been made under the law so made for the purpose. This is to point out the limitations, which the High Court and the Supreme Court have to observe while exercising their respective jurisdiction in such cases. These limitations are normal and well known, and are self-imposed as a matter of prudence, propriety, policy and practice and are observed while dealing with cases under all laws. Though the Constitution does not place any restriction on these powers, the judicial decision have evolved them over a period of years taking into consideration the nature of the legislation or of the order or decision complained of, the nee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on, (v) the Court may also intervene where (a) the authority acting under the concerned law does not have the requisite authority or the order which is purported to have been passed under the law is not warranted or is in breach of the provisions of the concerned law or the person against whom the action is taken is not the person against whom the order is directed, or (b) when the authority has exceeded its power or jurisdiction or has failed or refused to exercise jurisdiction vested in it; or (c) where the authority has not applied its mind at all or has exercised its power dishonestly or for an improper purpose; (vi) where the Court cannot grant a final relief, the Court does not entertain petition only for giving interim relief. If the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... estions are really hypothetical in nature when the order of detention has not been executed at all and the detenu has avoided service and incarceration and when challenge is sought to be made at pre-execution stage. It was observed as under: "In our view, a very unusual order seems to have been passed in a pending appeal by the Division Bench of the High Court. It is challenged by the Union of India in these appeals. A detention order under Section 3(1) of the COFEPOSA Act was passed by the authorities on 13.9.1996 against the respondent. The respondent before surrendering filed a writ petition in the High Court on 23.10.1996 and obtained an interim stay of the proposed order, which had remained un-served. The learned Single Judge after he ..... X X X X Extracts X X X X X X X X Extracts X X X X
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