SUNDERLAL JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner who is the father of one Nisith Jain has filed this writ application, inter alia, for the following reliefs :-

(2.) Mr. Mukherjee, learned counsel appearing on behalf of the petitioner submits that in view of series of Supreme Court's decisions this Court in exercise of its writ jurisdiction under Article 226 of the Constitution of India can issue a writ of or in the nature of Mandamus directing the respondents to forbear from taking any steps or further steps to detain the petitioner's son on the basis of an order of detention dated 1-11-95 passed by, the respondent No. 2

(3.) The learned counsel for the petitioner in this connection has strongly relied upon the decision in the case of the Additional Secretary to the Government of India v. Smt. Alka Subhash Gadia, reported in JT 1991 (1) SC 549 : AIR 1991 SC 1999, State of Tamil Nadu v. P. K. Shamsuddeen reported in JT 1992 (4) SC 179 : 1992 Cri LJ 3141 : AIR 1992 SC 1937 : 1992 AIR SCW 2210, and Subhash Muljimal Gandhi v. L. Himingliana, reported in 1994 SCC (Cri) 1580.