UNION OF INDIA Vs. NAND KISHORE VERMA

JUDGEMENT

(1.) The instant appeal before us raises a short but very important question of law namely, whether a citizen can invoke the jurisdiction of the Writ Court under-Article 226 of the Constitution in apprehension that he may be obtained under a preventive detention Act and can obtain an injunction restraining the detaining authority from passing such an order of detention.

(2.) The respondent/writ petitioner moved an application under Article 226 of the Constitution inter alia on the allegation that he reasonably believed that the appropriate authorities were going to issue an order of detention under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 (hereinafter referred to as COFEPOSA) although ho has been released on bail by the learned Chief Metropolitan Magistrate, Calcutta after he was arrested on the allegation of violation of the provisions of Foreign Exchange Regulation Act. In the said writ application the writ petitioner prayed inter aria for issue of writ or Mandamus commanding the respondents to cancel, to withdraw or and/or rescind the purported order of detention if any issued or to be issued against the petitioner under provisions of COFFPOSA and also for issue of a writ of prohibition for prohibiting the respondents from proceeding in any manner with tile purported order of detention if any.

(3.) The said writ application was moved ex parte on 13th April, 1993 before a learned Single Judge of this Court sitting in vacation, whereupon on an undertaking by the writ petitioner that he will not leave Calcutta jurisdiction without prior leave of the Court, interim order inter alia in terms of prayer (L) was granted, the said prayer (L) is quoted hereunder :