Passing of Detention Order in Delhi Not Enough to Invoke Writ Jurisdiction: Delhi High Court

The Delhi High Court refused to entertain a writ petition challenging a preventive detention order under the PITNDPS Act, holding that although it had territorial jurisdiction, it was not the appropriate forum to hear the matter.

The Court noted that the criminal cases forming the basis of the detention were pending in West Bengal and relevant records were located there.

Applying the doctrine of forum conveniens, the Court observed that Article 226(2) does not mandate a High Court to exercise jurisdiction merely because a part of the cause of action arose within its territory.

Liberty was granted to approach the appropriate forum.

[Gautam Mondal Through His Wife Ashima Mukherjee Mondal v. UOI& Ors.]