Supreme Court of India

State of Maharashtra & Ors. v. Bhaurao Punjabrao Gawande

Neutral citation

Reported as [2008] 3 S.C.R. 967

Bench C.K. Thakker J.

Decided 3 March 2008

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

9 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that normally and as a general rule, an order of detention can • be challenged by the detenu after such order as also the grounds F of detention have been received by him and the order is 1 executed.

Judgment, page 25

From the headnote

Preventive Detention: Detention order - Challenge to, at pre-execution or pre arrest stage·- Held: Writ court cannot set aside the detention order at pre-execution or pre-arrest stage unless court is satisfied that there are exceptional circumstances - In such cases, jurisdiction is based on suspicion - Action is taken to prevent the person from acting in any manner prejudicial to certain activities under the Detention Law - Ordinarily detenu . cannot seek writ of mandamus if he does not surrender and is not served with detention order and its grounds - On facts, detaining authority arrived

Authorities it was built on

1960 Kavalappara Kottarathil Kochuni and Others v. The State of Madras and Others cited by 46
1978 Bhawarlal Ganeshmalji v. State of Tamil Nadu & Anr. cited by 9
1994 Subhash Muljimal Gandhi v. L. Himingliana and Anr. cited by 4
1970 Sapmawia v. Deputy Commissioner. Aijal cited by 1

Where later benches applied it

2019 Union of India 2. Joint Secretary (cofeposa), Govt. of India, Ministry of Finance v. Dimple Happy Dhakad relied on
2013 Subhash Popatlal Dave v. Union of India & Anr. referred to
2012 Subhash Popatlal Dave v. Union of India and Anr. referred to
2025 A. Raja v. D. Kumar mentioned
2021 Banka Sneha Sheela v. The State of Telangana & Ors. mentioned
2011 Rekha v. State of T Nadu Tr.sec.to Govt. & Anr. mentioned
2011 Sri Indra Das v. State of Assam mentioned
2010 M. Chandra v. M. Thangamuthu & Anr. mentioned
2008 Deepak Bajaj v. State of Maharashtra & Anr mentioned

Of those, 1 relied on · 2 referred to · 6 mentioned

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