IN THE HIGH COURT OF DELHI AT NEW DELHI
NAVIN CHAWLA, RAVINDER DUDEJA
Vinod Kumar Pathror – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. writ petition filed under article 226 challenging detention order. (Para 1 , 2 , 3) |
| 2. background of alleged fraudulent activities and detention order issuance. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. respondents argue detention order challenge is not maintainable pre-execution. (Para 17 , 18 , 19 , 20 , 21 , 22) |
| 4. petitioner argues for judicial review based on delay in execution. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 5. court's reluctance to interfere pre-execution due to absconding petitioner. (Para 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43) |
| 6. petition dismissed, costs not ordered. (Para 44 , 45) |
JUDGMENT :
NAVIN CHAWLA, J.
1. The present Writ Petition has been filed under Article 226 of the Constitution of India, seeking the quashing of the detention order bearing F. No. PD12002/02/2017- COFEPOSA dated 02.01.2018, issued by the Joint Secretary to the Government of India, COFEPOSA Unit, Central Economic Intelligence Bureau in the Department of Revenue, Ministry of Finance, Government of India (hereinafter referred to as the 'impugned order') under Section 3(1) of the CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF
Mohd. Nashruddin Khan v. Union of India & Ors.
Subhash Popatlal Dave v. Union of India
Subhash Popatlal Dave v. Union of India & Anr.
A. Mohammed Farooq v. Joint Secretary to the Government of India.
The court's jurisdiction to review preventive detention orders pre-execution is limited, particularly when the proposed detenue is absconding, as allowing such challenges undermines the purpose of pr....
Illegally smuggling of gold - Detention order confirmed - Interim order not to execute order of detention was obtained and lapse of time live link was snapped - No live link between prejudicial activ....
Section 7 of the COFEPOSA Act may be beneficially quoted - Powers in relation to absconding persons If the appropriate Government has reason to believe that a person in respect of whom a detention or....
A detenu cannot challenge a preventive detention order before execution unless it is shown to be ab initio void or arbitrary, emphasizing the balance between individual liberty and societal interests....
Petition filed under Article 226 of the Constitution of India at pre-execution stage is though maintainable, the scope of interference is very limited.
The main legal point established in the judgment is the importance of the nature, scale, and gravity of an act and its impact on public order in invoking the detention law under the National Security....
The judgment established that a detention order can be challenged at the pre-arrest/pre-execution stage on grounds beyond those enumerated in Alka Subhash Gadia's case, but the delay in executing the....
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