Supreme Court of India · 2008-11-12
Deepak Bajaj vs State Of Maharashtra & Anr
- Citation / case number
- AIR 2009 SUPREME COURT 628
- Court
- Supreme Court of India
- Petitioner
- Deepak Bajaj
- Respondent
- State Of Maharashtra & Anr
- Author
- Markandey Katju
- Bench
- Markandey Katju, Altamas Kabir
Judgment text excerpt
The Supreme Court addressed the challenge to a detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, emphasizing that judicial review of such orders can occur even at the pre-execution stage. The Court reiterated that while it has the power to review detention orders under Articles 32 and 226 of the Constitution, it has historically exercised self-restraint, requiring individuals to first allow the law to operate and exhaust available remedies before seeking judicial intervention. The Court ultimately held that the legal position regarding pre-execution challenges to detention orders requires further clarification, thus leaving the door open for future cases.