DILIP SISODIA Vs. STATE OF M.P.

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution, the petitioner has prayed for following reliefs for his relative (detenu):-

(2.) Indisputably, in this petition, petitioner has assailed the detention order before its communication and execution. During the course of hearing, learned counsel for petitioner and learned counsel for State fairly submitted that the scope of interference at this stage is very limited and the litmus test for exercise of such jurisdiction is laid down in extenso in Additional Secretary to the Government of India and Ors. Vs. Smt. Alka Subhash Gadia and another (1992) Supp 1 SCC 496. The test laid down is mentioned in para no.30.

(3.) Shri Vinod Prasad, learned counsel for petitioner submits that the test No.(iii) to (v) aforesaid are squarely applicable in the instant case. Thus, at pre execution stage also, this court can exercise jurisdiction and it is a fit case where necessary ingredients for exercise of such jurisdiction are available.