TMI Blog2008 (11) TMI 607X X X X Extracts X X X X X X X X Extracts X X X X ..... the detention order dated 10.5.1993. Stand of the writ petitioners before the High Court was that a petition for preventing the respondents in the writ petition from enforcing the said order was disposed of by order dated 19.7.2002 in Criminal Writ Petition No.1408 of 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 how ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this Court on various occasions. One of the leading judgments on the subject is Smt. Alka Subhash Gadia s case (supra) In para 12 of the said judgment, it was observed by this Court as under: 12. This is not to say that the jurisdiction of the High Court and the Supreme Court 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 wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or expertise, unless there are exceptional circumstances calling for judicial intervention, such as, where the determination is mala fide or is prompted by the extraneous considerations or is made in contravention of the principles of natural justice of any constitutional provision, (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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) SCC 402) throws considerable light as to what would be the proper course for a person to adopt when he seeks to challenge an order of detention on the available grounds like delayed execution of detention order, delay in consideration of the representation and the like. These questions 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 CO ..... X X X X Extracts X X X X X X X X Extracts X X X X
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