SUNDERLAL JAIN Vs. UNION OF INDIA
HIGH COURT OF CALCUTTA
UNION OF INDIA
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(1.)The petitioner who is the father of one Nisith Jain has filed this writ application, inter alia, for the following reliefs :-
"a) A writ of and/or order and/or direction in the nature of Mandamus commanding the respondents not to take any action against your petitioner's son in respect of detention order F. No. 673/120/95-CUS VIII dated 1-11-95 passed by respondent No. 3 or not to detain your petitioner's son under the provision of COFEPOSA Act, 1974.
b) A writ of and/or Order and/or direction in the nature of Mandamus commanding the respondents to cancel, rescind and/or withdraw the detention order passed against your petitioner's son by the respondent No. 2 and/or order not to detain your petitioner's son under the COFEPOSA Act, 1974.
c) A writ of and/or order in the nature of certiorari do issue direction the respondents authorities to produce the records of the case and to certify them and after having so certified to quash the same including the order of detention so the conscionable justice may be done.
(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.
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