Sayed Taher Bawamiya vs Joint Secretary To The Govt. Of India And ...

The Supreme Court upheld the Bombay High Court's decision not to entertain a writ petition under Article 226, citing the precedent in Addl. Secy, to the Govt. of India v. Alka Subhash Gadia. The Court established that discretionary jurisdiction under Articles 226 and 32 is limited to specific exceptions, which were not met in this case. The appeal and writ petition were dismissed as the proposed detenu had not surrendered and the detention order had not been served, thus lacking the necessary grounds for judicial intervention.