News Muncher - searching for detenu

1 month, 2 weeks ago

High Court Allows Habeas Corpus Petition for Release of Accused in Drugs Case

A Telangana High Court allows a habeas corpus petition for the release of a person accused of systematic violation of the Narcotic Drugs and Psychotropic Substances Act, 1985. The court finds that the detention order passed by the Hyderabad commissioner of police was unconstitutional and illegal as it violated the principles of preventive detention and presumption of innocence. The court …

Government Law Crime Media Hyderabad

3 months, 3 weeks ago

[KAAPA] Police's Failure To Use Available Technology To Expedite Process Undermines Personal Liberty Of Accused In Preventive Detention Cases: Kerala HC

Live Law

The Kerala High Court observed that the State Police uses an 'Integrated Core Policing System' that enables them to collect information about offenders promptly and efficiently without delay. The Court thus stated that with the technological advancements, the government cannot justify the delay in issuing the detention order by claiming that they spent time gathering case details. The Court was …

Court Detention Order Personal Liberty 2024 Delay State

4 months, 1 week ago

Communicating Grounds For Detention In A Language Understood By Detenue Is A Constitutional Right: J&K High Court

Live Law

The Jammu & Kashmir and Ladakh High Court recently quashed a detention order issued by District Magistrate Kathua, citing a failure in procedural compliance, specifically the communication of the grounds of detention in a language understood by the detenue. The court also highlighted the necessity of the Detaining Authority to ensure that the grounds of detention are communicated in a …

Language Court Detention Order Right Grounds Petitioner

8 months, 3 weeks ago

J&K High Court Slams Govt For Delay In Releasing Detenues Despite Court Orders, Urges Swift Release Of Detainees In Future

Live Law

The Jammu and Kashmir and Ladakh High Court has sharply criticized the UT administration for its unreasonable delay in releasing a detenu whose preventive detention order was quashed by the court in December 2023. In resolving a contempt petition filed by a detainee pressing for the execution of his release order, Justice Rahul Bharti, with the District Magistrate and SSP …

Court Kashmir Order Jammu Release This Court His Release

8 months, 4 weeks ago

Courts Should Meticulously Scrutinise Procedural Norms In Preventive Detention Cases, Any Deviation From Procedure Should Favour Detenue: J&K High Court

Live Law

Safeguarding civil liberties by quashing a detention order under the Jammu and Kashmir Public Safety Act 1978, the Jammu and Kashmir and Ladakh High Court has ruled that it is imperative for the Courts to meticulously scrutinize cases involving detention laws, ensuring strict adherence to procedural norms and safeguarding against governmental overreach. Court's Observations: Clarifying the scope of judicial review …

Court Detention Courts Preventive Detention State Khan Bench

1 year ago

Hadiya’s father moves court again, this time alleging ‘illegal detention’

Hindustan Times

The father of Hadiya, the Kerala woman whose religious conversion and subsequent marriage to a Muslim man five years ago had reached the doors of the Supreme Court and stirred conversations around a woman’s right to choose her partner, approached the Kerala high court on Friday claiming that his daughter is being illegally detained by her husband. The Supreme Court …

Kerala Court His Daughter Father Hadiya

1 year, 1 month ago

Telangana High Court Sustains Rape Abettor's Detention As 'Sexual Offender'; Says It Caused Panic Among Women Folk, Disturbed Public Order

Live Law

The Telangana High Court has upheld the detention order of an accomplice to rape of a 60-year-old woman, owing to the disturbing impact it had on public order, especially amongst women. “.The detenu and his associate committed the offence of rape on the victim in broad day light and thus resulted in creation of fear and panic in the minds …

Women Public Order Rape Detention Order Folk Public

1 year, 1 month ago

Upholding Public Order for Society's Well-Being, Not as Punishment

Live Law

The Kerala High Court on Thursday reminded that the power to detain individuals ought not to be used as a punitive measure, but to secure public order, in the larger interest of the society. The detention order, therefore,must reflect how public order would be vitiated if the person concerned is not detained invoking the provisions under the Kerala Anti-Social Activities …

Public Order Court Detention Order Public Detenu

1 year, 2 months ago

Saravana Bhavan Case: How Astrologer’s Marriage Advice Led To Downfall Of ‘Dosa King’ Rajagopal

ABP News

New Delhi: From a successful hotelier to a murderer — the story of P Rajagopal, the founder of Saravana Bhavan, a restaurant chain that ruled the hearts of food lovers, is nothing less than a movie. The success story of Rajagopal, whose Saravana Bhavan became a household name in Tamil Nadu and beyond for serving a wide variety of dosas, …

India Court Chennai Report High Marry Jeevajothi

1 year, 2 months ago

Article 22(4) | State Must Confirm Order Under Kerala Anti-Social Activities Prevention Act Within 3 Months From Detention: High Court

Live Law

The Kerala High Court on Wednesday declared that the State Government ought to confirm the detention order issued under the Kerala Anti-Social Activities Act, 2007 within 3 months from the date of its execution.The Division Bench comprising Justice Anu Sivaraman and Justice C. Jayachandran observed that while Article 22 of the Constitution does not create. The Kerala High Court on …

Government Kerala Court Detention Order Judicial Delay

1 year, 4 months ago

Telangana High Court Sets Aside Detention Order Against 'Pakistani National', Says No Allegation Of Violation Of Bail Conditions

Live Law

The Telangana High Court has set aside the detention order issued against a "Pakistani national" who is accused of submitting forged voter ID and Aadhaar Card to obtain an Indian passport. A division bench of Justice K. Lakshman and Justice P. Sree Sudha ordered the police to release the detenu forthwith "on furnishing a copy of bail order by complying …

India High Court Order Telangana State Respondent Dgp

1 year, 5 months ago

KAAPA | Detention Order Can't Be Issued Without Determining Sufficiency Of Bail Conditions Already Imposed On Accused: Kerala High Court

Live Law

The Kerala High Court on Monday set aside a detention order which was issued by the detaining authority without determining the nature of the bail conditions already imposed on the detenu.The Division Bench comprising Justice P.B. The Kerala High Court on Monday set aside a detention order which was issued by the detaining authority without determining the nature of the …

Activities Court Bail Detention Kerala High Court Order Conditions

1 year, 5 months ago

ED denies charge that Senthilbalaji is being prosecuted due to political vengeance

The Hindu

The Directorate of Enforcement has denied the claim of arrested Minister V. Senthilbalaji’s wife Megala that her husband was being prosecuted in the money laundering case out of political vengeance. Filing a counter affidavit to an additional affidavit filed by her in support of a habeas corpus petition to declare her husband’s arrest as illegal and set him at liberty, …

Court Case Minister Sessions Hcp Senthilbalaji Political Vengeance

1 year, 6 months ago

T.N. Minister Senthilbalaji’s arrest | Annamalai nursed a grudge against my husband, Minister’s wife tells Madras HC

The Hindu

Arrested Minister V. Senthilbalaji’s wife Megala has filed an additional affidavit in the Madras High Court accusing Bharatiya Janata Party’s Tamil Nadu unit president K. Annamalai of having nursed a grudge against her husband because of perceiving the latter to be a direct threat in politics. To get today’s top stories from the State in your inbox, subscribe to our …

Her Husband Judicial Custody Remand Petition Filed

1 year, 6 months ago

Kerala High Court Closes Woman's Habeas Corpus Plea Seeking Release Of Lesbian Partner From Parental Custody

Live Law

The Kerala High Court on Monday closed the habeas corpus petition filed by a 21 year old woman seeking the release of her lesbian partner from the custody of her family.The Division Bench comprising Justice P.B. Sureshkumar and Justice Shoba Annamma Eapen closed the petition on taking note of the petitioner's partner's/ the alleged detenu's statement that she wished to …

Justice High Court Kerala High Court Partner Her Parents Petition Petitioner

1 year, 6 months ago

Unexplained Delay In Issuing Detention Order After Last Prejudicial Activity Of Detenu Is Ground For Quashing: Kerala High Court

Live Law

The Kerala High Court on Monday held that a detention order issued against a person can be quashed on the basis of unexplained delay in issuing the order of detention after the last prejudicial activity of the detenu, as per the Kerala Anti-Social Activities Act, 2007. In other words, an unexplained delay in issuing the order of detention after the …

Kerala Court Detention Kerala High Court Proposal Order Delay

1 year, 10 months ago

‘Judge Expected To Apply Mind, Pass Speaking Order’: Bombay HC Directs Subordinate Courts To Desist From Using Rubber Stamps For Deciding Bail Pleas

Live Law

Observing bail has to be granted or rejected by a speaking order, the Nagpur bench of Bombay High Court has directed the subordinate Courts to desist from using rubber stamps to decide bail applications. “We deprecate this practice, if it does exist in any of the Courts subordinate to this Court and deem it appropriate to circulate this judgment to …

Public Order Speaking Order Bail Detention Courts Order Statements

1 year, 10 months ago

Detenu Aggrieved By Non-Supply Of Document Having Only 'Casual Connection' With Preventive Detention Must Explain Its Relevance: Kerala High Court

Live Law

The Kerala High Court recently held that a detention order can be invalidated on the ground that documents were not supplied to the detenu only if he can prove that prejudice was caused to him due to the non-supply of such documents. It is the obligation of the detenu to explain why such documents are relevant for issuing a detention …

India Constitution Court Detention Kerala High Court Documents Order

1 year, 10 months ago

Even Typographical Errors In Dossier Copied By Magistrate, No Application Of Mind: JKL High Court Quashes Preventive Detention Of Alleged LeT Aide

Live Law

The Jammu and Kashmir and Ladakh High Court on Monday observed that every case in which preventive detention of any citizen of India is sought by law enforcement agencies, the same demands a very fact-sensitive and law-centric application and approach of mind.A bench of Justice Rahul Bharti quashed a preventive detention order against a detenue, who was "painted and portrayed" …

Detention Order Preventive Detention Preventive Justice Rahul

1 year, 10 months ago

Kerala HC upholds detention of man in gold smuggling case

India Today

The Kerala High Court has upheld the detention of a man under the COFEPOSA Act in a gold smuggling case. Abdul Raoof, accused of smuggling gold worth over Rs 7 crore through the Cochin port by the Directorate of Revenue Intelligence in 2021, was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act. In such circumstances, …

Documents Gold Smuggling Accused Dri

2 years, 1 month ago

KAAPA | Detaining Authority Duty-Bound To Consider Previous Opinion Of Advisory Board; Non-Consideration Of Relevant Materials Fatal: Kerala HC

Live Law

The Kerala High Court recently held that the previous opinion of the Advisory Board, which led to the revocation of the earlier detention order, and even the revocation of such detention order, are crucial materials which ought to be examined and considered by the detaining authority before it takes a decision for another detention under the Kerala Anti-Social Activities. The …

Opinion Kerala Board Court Detention Order Materials

2 years, 1 month ago

Rajasthan HC Orders Per-emptory Cost In Paramour's Habeas Corpus Petition

Live Law

The Rajasthan High Court recently directed a parmour, seeking the release of his partner from the alleged illegal custody of her mother, to deposit Rs. 50,000 as per-emptory cost.Dinesh Chaudhary claimed that he came in touch with the detenu, a married woman, via Instagram. The division bench of Justice Sandeep Mehta and Justice Kuldeep Mathur, upon hearing the petition, directed …

Court Her Mother Detenu Rajasthan High Court Dinesh Chaudhary

2 years, 1 month ago

Detaining Authority Must Be Aware That Detenu Is Already In Custody & Must Show Compelling Reasons To Pass Preventive Detention Order: Kerala HC

Live Law

The Kerala High Court recently reiterated the settled position that an order of preventive detention can be passed against a person who is already in custody, subject to the condition that the detaining authority is aware of the detenu already being in detention, and secondly, that there are compelling circumstances justifying such preventive detention. ".it is by now well settled …

Court Detention State Government Custody Order Preventive Detention State

2 years, 1 month ago

14 Days Inordinate & Unexplained Delay In Considering Detainee's Representation Sufficient To Quash Preventive Detention Order: Madras HC

Live Law

The Madras High Court recently set aside a preventive detention order after observing that there was an inordinate and unexplained delay of 14 days in considering the representation made on behalf of the detenu.In the subject case, admittedly, there is an inordinate and unexplained delay of 14 days in considering the representation by the Hon'ble Minister for Home, Prohibition and. …

Representation Court Detention Order Delay 14 Days Considering

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Search results for detenu

High Court Allows Habeas Corpus Petition for Release of Accused in Drugs Case

[KAAPA] Police's Failure To Use Available Technology To Expedite Process Undermines Personal Liberty Of Accused In Preventive Detention Cases: Kerala HC

Communicating Grounds For Detention In A Language Understood By Detenue Is A Constitutional Right: J&K High Court

J&K High Court Slams Govt For Delay In Releasing Detenues Despite Court Orders, Urges Swift Release Of Detainees In Future

Courts Should Meticulously Scrutinise Procedural Norms In Preventive Detention Cases, Any Deviation From Procedure Should Favour Detenue: J&K High Court

Hadiya’s father moves court again, this time alleging ‘illegal detention’

Telangana High Court Sustains Rape Abettor's Detention As 'Sexual Offender'; Says It Caused Panic Among Women Folk, Disturbed Public Order

Upholding Public Order for Society's Well-Being, Not as Punishment

Saravana Bhavan Case: How Astrologer’s Marriage Advice Led To Downfall Of ‘Dosa King’ Rajagopal

Article 22(4) | State Must Confirm Order Under Kerala Anti-Social Activities Prevention Act Within 3 Months From Detention: High Court

Telangana High Court Sets Aside Detention Order Against 'Pakistani National', Says No Allegation Of Violation Of Bail Conditions

KAAPA | Detention Order Can't Be Issued Without Determining Sufficiency Of Bail Conditions Already Imposed On Accused: Kerala High Court

ED denies charge that Senthilbalaji is being prosecuted due to political vengeance

T.N. Minister Senthilbalaji’s arrest | Annamalai nursed a grudge against my husband, Minister’s wife tells Madras HC

Kerala High Court Closes Woman's Habeas Corpus Plea Seeking Release Of Lesbian Partner From Parental Custody

Unexplained Delay In Issuing Detention Order After Last Prejudicial Activity Of Detenu Is Ground For Quashing: Kerala High Court

‘Judge Expected To Apply Mind, Pass Speaking Order’: Bombay HC Directs Subordinate Courts To Desist From Using Rubber Stamps For Deciding Bail Pleas

Detenu Aggrieved By Non-Supply Of Document Having Only 'Casual Connection' With Preventive Detention Must Explain Its Relevance: Kerala High Court

Even Typographical Errors In Dossier Copied By Magistrate, No Application Of Mind: JKL High Court Quashes Preventive Detention Of Alleged LeT Aide

Kerala HC upholds detention of man in gold smuggling case

KAAPA | Detaining Authority Duty-Bound To Consider Previous Opinion Of Advisory Board; Non-Consideration Of Relevant Materials Fatal: Kerala HC

Rajasthan HC Orders Per-emptory Cost In Paramour's Habeas Corpus Petition

Detaining Authority Must Be Aware That Detenu Is Already In Custody & Must Show Compelling Reasons To Pass Preventive Detention Order: Kerala HC

14 Days Inordinate & Unexplained Delay In Considering Detainee's Representation Sufficient To Quash Preventive Detention Order: Madras HC