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.