TMI Blog2015 (1) TMI 980X X X X Extracts X X X X X X X X Extracts X X X X ..... hat judgment cannot be said to have been expanded in Deepak Bajaj (supra), since in the latter case, firstly, no exceptional feature is discussed, and, secondly - rather more importantly - the judgment was by two Judges. The observations in Deepak Bajaj (supra) with respect, cannot be taken as having changed the rule and principle in Alka Gadia (supra). Court does not perceive any facts which would fall within the exception spelt out in Alka Gadia (supra) compelling a merits consideration of the impugned detention order that has not been served upon the petitioner. Consequently, this Court declines to entertain this petition, which is dismissed. - Decided against appellant. - W P (Crl) No.2448/2014 , Crl MA No.18992/2014 - - - Dated:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4, the move for cancellation of bail succeeded when this Court granted the DRIs request. 3. In these circumstances, it is alleged that the respondents had issued a detention order, which has not yet been executed. The petitioner strongly relied upon the circumstance that the detention orders made on 30.04.2014, in his case as well as in the case of the others i.e. Anil Kumar and Amit Kumar Singh were considered on 15.07.2014. However, pursuant to the report of the Advisory Board, whereby detention order - as far as Anil Kumar and Amit Kumar are concerned, stood revoked. He had approached this Court on an earlier occasion in W.P. (Crl.) No.1460/2014 claiming similar reliefs, but sought liberty to withdraw the petition - which was permitte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orities) were not confirmed. It was submitted that according to DRI, in the case of each co-detenue, specific quantities have been recovered, whereas the petitioner was sought to be implicated by virtue of a statement. 6. As is apparent from the discussion, the petitioner challenges an unexecuted preventive detention order. The petitioner is aware about the detention order, and that it was made on 30.04.2014. It is also evident that unlike the other two co-accused (in whose cases the detention orders were not confirmed), the order of detention against the petitioner was confirmed. 7. The petitioner had strongly relied on Malini Mukesh Vora v. Union of India, 2009 (VIII) AD (Del) 662, where a detention order which had not been executed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nature is to be used sparingly and in circumstances where no other efficacious remedy is available. We have while discussing the relevant authorities earlier dealt in detail with the circumstances under which these extraordinary powers are used and are declined to be used by the courts. To accept Shri Jain's present contention would mean that the courts should disregard all these time-honoured and well-tested judicial self- restraints and norms and exercise their said powers, in every case before the detention order is executed. Secondly, as has been rightly pointed out by Shri Sibal for the appellants, as far as detention orders are concerned if in every case a detenu is permitted to challenge and seek the stay of the operation of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pra) are only illustrative and not exhaustive . The Court in Deepak Bajaj (supra) then proceeded to consider the challenge - on the merits of the detention order. This Court is of the opinion, with due deference that the rather elaborate reasoning in Alka Gadia (supra) preceding the very limited number of exceptions mentioned in that judgment cannot be said to have been expanded in Deepak Bajaj (supra), since in the latter case, firstly, no exceptional feature is discussed, and, secondly - rather more importantly - the judgment was by two Judges. The observations in Deepak Bajaj (supra) with respect, cannot be taken as having changed the rule and principle in Alka Gadia (supra). 12. This Court does not perceive any facts which would f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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