A stay pending special leave will be refused where the respondent does not propose to act on the impugned decision and the subject matter will likely enter the public domain through the exercise of a different statutory power. An unsuccessful challenge to the exercise of one statutory power provides no arguable basis for restraining the exercise of a different statutory power that has no analogous threshold or precondition. The court left open whether it would ever be appropriate to restrain a statutory agency from exercising its duty to report to Parliament.
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