Constitution of India — Articles 22, 19(1)(g), 21 & 14 — Detention order — Premature challenge —

August 23rd, 2013

Constitution of India — Articles 22, 19(1)(g), 21 & 14 — Detention order — Premature challenge — Challenging while subjudice of Settlement Commission’s Order — Detention order was passed against petitioner which was stayed by settlement commission on arriving at a settlement to enable to the petitioner to act on settlement — Thereafter without acting on settlement petitioner filed writ before High Court to quash the detention order — Mean time Union of India also preferred writ against order of Settlement Commission — Both writ petitions were transferred to Supreme Court to decide with other matters on similar issue — Held, these petitions are pre-mature, hence dismissed — Practice and Procedure — Premature Writs — Customs Act, 1962 — Sections 127-H, 127-B & 127-F — Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 — Sections 6 & 7 — National Security Act, 1980 — Sections 6 & 7.

(Para 13 to 16 and 54)

Subhash Popatlal Dave v. Union of India[Bench Strength 3], Writ Petition (Crl) No. 137/2011(16/07/2013), 2013(9) SCALE 295 [Altamas Kabir, C.J.: Gyan Sudha Misra, J.: J. Chelameswar, J.]

Entry Filed under: Legal Updates