UMED MAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner Umed Mal challenged his detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter to be referred as the Act'), by filing this Habeas Corpus Petition which was listed before a Division Bench of this Court as per the rules.

(2.) On November 27, 1997, the Division Bench hearing the matter passed an Order after hearing preliminary objections of the respondents as to the jurisdiction of this Court to entertain the petition. In that Order, the Division Bench took stock of the case law on the point but instead of deciding the question itself, expressed the view that the matter regarding the jurisdiction in such cases needs consideration by a larger Bench. The matter was therefore, directed to be placed before Hon'ble the Chief Justice for Orders on constitution of a larger Bench and on February 04, 1998, Hon'ble the Acting Chief Justice constituted this Full Bench to answer the reference.

(3.) The factual setting in which the question of territorial jurisdiction of this Court to entertain the Habeas Corpus Petition arose as under :-