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november 2008

Supreme Court of India · 2008-11-12

DEEPAK BAJAJ vs STATE OF MAHARASHTRA & ANR.

Citation / case number
SC 2008/64200
Court
Supreme Court of India
Petitioner
DEEPAK BAJAJ
Respondent
STATE OF MAHARASHTRA & ANR.
Author
Markandey Katju
Bench
ALTAMAS KABIR,MARKANDEY KATJU, , ,

Judgment text excerpt

The Supreme Court held that under Article 32 of the Constitution, the power of judicial review over preventive detention orders is not restricted, but courts have evolved self-restraints requiring aggrieved persons to first allow the law's operation before seeking extraordinary jurisdiction. The Court emphasized that this self-imposed restraint applies to all laws, including the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, and that the petitioner's challenge to the detention order at a pre-execution stage was premature. Consequently, the petition was dismissed, affirming the need for exhaustion of remedies before judicial intervention.

DEEPAK BAJAJ vs STATE OF MAHARASHTRA & ANR. · Niyam