Detention Order Without Specifying Period Of Detention Illegal: SC [Read Order]
7 years, 8 months ago

Detention Order Without Specifying Period Of Detention Illegal: SC [Read Order]

Live Law  

The Supreme Court, in Lahu Shrirang Gatkal vs. State of Maharashtra, has held that a blanket order of detention, without specifying the period of detention, is illegal and unsustainable.The court was considering an appeal by a person who was detained under Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons,. The Supreme Court, in Lahu Shrirang Gatkal vs. State of Maharashtra, has held that a blanket order of detention, without specifying the period of detention, is illegal and unsustainable. The court was considering an appeal by a person who was detained under Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black Marketing of Essential Commodities Act, 1981. 3 could not have passed such a blanket order of detention without specifying the period of detention, as has been done in this case.”

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History of this topic

Delay Of Over 3 Months In Considering Detenue's Representation Breaches Statutory Requirements, Renders Detention Invalid: J&K High Court
6 days, 11 hours ago

Delay Of Over 3 Months In Considering Detenue's Representation Breaches Statutory Requirements, Renders Detention Invalid: J&K High Court

Live Law  

The Jammu and Kashmir High Court ruled that a delay of more than three months in considering a detenue's representation breaches statutory requirements under Section 13 of the J&K Public Safety Act which renders detention invalid. The court relied on Sarabjeet Singh Mokha vs. District Magistrate, Jabalpur and others” wherein court held that failure of the government to communicate rejection …

Supreme Court stays Allahabad High Court’s ‘grabbing breasts not rape’ verdict; says it’s ‘insensitive, inhuman’
Trending News
6 days, 19 hours ago

Supreme Court stays Allahabad High Court’s ‘grabbing breasts not rape’ verdict; says it’s ‘insensitive, inhuman’

The Hindu  

The Supreme Court on Wednesday stayed an Allahabad High Court order of March 17, which concluded that “mere” grabbing the breasts of a minor victim, breaking the string of her pyjama to “bring down” her lower garment are not sufficient to constitute an offence of attempt to rape. Gavai said the observations made by a Single Judge Bench of Justice …

Insensitive, inhuman: Supreme Court pauses 'grabbing breasts not rape' order
Top News
1 week ago

Insensitive, inhuman: Supreme Court pauses 'grabbing breasts not rape' order

India Today  

The Supreme Court on Wednesday paused a controversial order by the Allahabad High Court that held "grabbing breasts" and "breaking the strings of a girl's pyjamas" don't constitute rape or attempt to rape. The Supreme Court, which took suo motu cognisance of the order, which triggered an outrage, said the judgment showed a lack of sensitivity. But since the observations …

Provisions Of S.47(1) Of BNSS Are Mandatory, Violation Will Render Arrest & Subsequent Detention Invalid: Andhra Pradesh High Court
2 weeks, 5 days ago

Provisions Of S.47(1) Of BNSS Are Mandatory, Violation Will Render Arrest & Subsequent Detention Invalid: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has held that the provisions of Section 47 of Bharatiya Nagarik Suraksha Sanhita are mandatory and peremptory, and a violation of this provision can only result in a declaration that the arrest and subsequent detention are invalid. The petitioner had approached the High Court contending that the remand of the detenue by the Magistrate was …

Unlawful detention: Telangana High Court issues show-cause notice to magistrate
3 weeks ago

Unlawful detention: Telangana High Court issues show-cause notice to magistrate

New Indian Express  

HYDERABAD: Taking a serious view of a Magistrate’s court in Peddapalli authorising the detention of an accused without recording the reasons, the Telangana High Court on Tuesday issued show cause notices to the junior civil judge and judicial first-class magistrate, asking him to explain why action should not be taken for the alleged improper exercise of judicial functions. Justice B …

Preventive Detention Order To Be Quashed When Passed Without Considering Bail Granted By Magistrate : Supreme Court
3 weeks, 1 day ago

Preventive Detention Order To Be Quashed When Passed Without Considering Bail Granted By Magistrate : Supreme Court

Live Law  

The Supreme Court recently set aside a preventive detention order against an alleged key member of a syndicate that smuggled foreign gold into India observing that the detaining authority failed to consider the conditions imposed by the jurisdictional Magistrate when granting him bail in case arising from the same allegations. The detention order being silent on that aspect, we interfere …

Unexplained Delay In Issuing Preventive Detention Order Casts Doubt On Magistrate's Subjective Satisfaction: J&K High Court
3 weeks, 4 days ago

Unexplained Delay In Issuing Preventive Detention Order Casts Doubt On Magistrate's Subjective Satisfaction: J&K High Court

Live Law  

Underscoring the sanctity of procedural fairness the Jammu and Kashmir and Ladakh High Court has ruled that “delay, unless satisfactorily explained in making a preventive detention order, throws considerable doubt on the genuineness of the subjective satisfaction” of the detaining authority. The instant Letters Patent Appeal emerged from a preventive detention order issued by the Divisional Commissioner, Kashmir, on May …

Unexplained Delay In Issuing Preventive Detention Order Casts Doubt On Magistrate's Subjective Satisfaction: J&K High Court
3 weeks, 4 days ago

Unexplained Delay In Issuing Preventive Detention Order Casts Doubt On Magistrate's Subjective Satisfaction: J&K High Court

Live Law  

Underscoring the sanctity of procedural fairness the Jammu and Kashmir and Ladakh High Court has ruled that “delay, unless satisfactorily explained in making a preventive detention order, throws considerable doubt on the genuineness of the subjective satisfaction” of the detaining authority. The instant Letters Patent Appeal emerged from a preventive detention order issued by the Divisional Commissioner, Kashmir, on May …

Preventive Detention Cannot Be Used As A Short-Cut Method When Cancellation Of Bail Is An Available Remedy: J&K High Court
3 weeks, 5 days ago

Preventive Detention Cannot Be Used As A Short-Cut Method When Cancellation Of Bail Is An Available Remedy: J&K High Court

Live Law  

The Jammu and Kashmir High Court held that the prosecution's failure to seek cancellation of bail and instead using preventive detention as a shortcut to put the accused behind bars is not legally sustainable. The court also observed that the detention order did not specify the nature, dates, or details of the alleged post-bail activities, making it impossible for the …

Preventive detention ‘draconian’ measure, needs safeguards: SC
3 weeks, 5 days ago

Preventive detention ‘draconian’ measure, needs safeguards: SC

Hindustan Times  

The Supreme Court on Wednesday underscored the necessity of strict adherence to constitutional and statutory safeguards in cases of preventive detention, pointing out that such a “draconian measure” cannot override fundamental rights without strict adherence to procedural protections. The current case pertained to Ashraf Hussain Choudhary and his wife, Adaliu Chawang, who were placed under preventive detention by the Nagaland …

After high court rap, Maha govt challenges Thane court order in Badlapur encounter case
4 weeks ago

After high court rap, Maha govt challenges Thane court order in Badlapur encounter case

India Today  

After being pulled up by the Bombay High Court, the Maharashtra government has filed an appeal against the Thane Sessions Court order, which had kept crucial paragraphs from the Magistrate's report in the Badlapur police encounter case in abeyance following an approach by the policemen involved. The plea further pointed out that since the entire issue of the Badlapur encounter …

Swati Maliwal Assault Case: Delhi Police Moves High Court Against Order To Supply List Of Unrelied Documents To Bibhav Kumar
4 weeks ago

Swati Maliwal Assault Case: Delhi Police Moves High Court Against Order To Supply List Of Unrelied Documents To Bibhav Kumar

Live Law  

The Delhi Police on Tuesday moved the Delhi High Court challenging a trial court order rejecting its plea over the issue of supply of list of unrelied documents to Bibhav Kumar, close aid of former Chief Minister Arvind Kejriwal and accused in the alleged Swati Maliwal assault case.The Delhi Police has impugned an order passed by a sessions court on …

High Court notice to Karnataka government over dropping cases against MPs, MLAs
1 month ago

High Court notice to Karnataka government over dropping cases against MPs, MLAs

India Today  

The Karnataka High Court, on Thursday, issued notice to the state government in a petition challenging a government order to withdraw 43 criminal cases, in which former ministers, MLAs and persons of influence were named accused. A Division Bench of Chief Justice NV Anjaria and Justice MI Arun passed the order on the public interest litigation questioning the legality of …

'Exceptional Case': High Court Upholds Trial Court Order Recalling Pre-Arrest Bail Cancellation Despite Lack Of Inherent Power Of Review/ Recall
1 month, 1 week ago

'Exceptional Case': High Court Upholds Trial Court Order Recalling Pre-Arrest Bail Cancellation Despite Lack Of Inherent Power Of Review/ Recall

Live Law  

Calling it an "exceptional situation", the Punjab & Haryana High Court upheld a trial court order, recalling its bail cancellation order passed on the basis of false statement that the accused failed to join investigation as the particular day was a public holiday.Justice Manjari Nehru Kaul said, "This Court finds no illegality or perversity in the impugned order granting anticipatory …

Article 22(5) | Preventive Detention Order Unconstitutional If All Grounds Of Detention Are Not Communicated To Detenu: Orissa High Court
1 month, 1 week ago

Article 22(5) | Preventive Detention Order Unconstitutional If All Grounds Of Detention Are Not Communicated To Detenu: Orissa High Court

Live Law  

The Orissa High Court has reiterated that a preventive detention order shall be rendered unconstitutional for being violative of Article 22 of the Constitution if it does not specify each and every ground based upon which the order of detention was passed against the detenu. While setting aside a preventive detention order issued against the petitioner, who is accused of …

Scribe Majid Hyderi’s detention quashed: Criticism of govt policies no ground for detention, rules high court
1 month, 1 week ago

Scribe Majid Hyderi’s detention quashed: Criticism of govt policies no ground for detention, rules high court

Hindustan Times  

The High Court of Jammu & Kashmir and Ladakh has reiterated that criticism of government policies can’t be a ground for placing a person under preventive detention as it quashed the detention of Kashmiri journalist Majid Hyderi under the Public Safety Act after 17 months of incarceration. Justice Vinod Chatterji Koul, while pronouncing the judgement on Wednesday, quashed Hyderi’s detention …

High Court slams Maharashtra govt for laxity in Atrocities Act case, seeks compliance
1 month, 2 weeks ago

High Court slams Maharashtra govt for laxity in Atrocities Act case, seeks compliance

India Today  

The Bombay High Court on Monday criticised the Maharashtra government for its lackadaisical approach in taking action against its own Additional Public Prosecutor, who was absent during the hearing of a case under the Scheduled Castes and Scheduled Tribes Act. The bench of Justice Prithviraj Chavan was hearing a petition filed by one SV Guthule, who belongs to the Scheduled …

High Court quashes preventive detention of Nanded resident accused of extortion
1 month, 3 weeks ago

High Court quashes preventive detention of Nanded resident accused of extortion

India Today  

The Aurangabad bench of the Bombay High Court, while quashing a detention order against a Nanded resident, observed that merely possessing a khanjar did not create a law and order situation or cause a disturbance to public order. The bench of Justices Vibha Kankanwadi and Sanjay Deshmukh held that the allegations against petitioner Dipak alias Lolya Tarasingh Mohil alias Thakur …

Police Resorted To Public Safety Act For 'Perverted Detention', To Outmanoeuvre Courts: J&K High Court Quashes Preventive Detention Order
1 month, 3 weeks ago

Police Resorted To Public Safety Act For 'Perverted Detention', To Outmanoeuvre Courts: J&K High Court Quashes Preventive Detention Order

Live Law  

While quashing the detention order, the Jammu, Kashmir & Ladakh High Court observed that Sr. Superintendent of Police, Jammu and the District Magistrate, Jammu had resorted to a dubious exercise of authority and jurisdiction at their respective ends to 'pounce upon' the personal liberty of the petitioner by subjecting him to preventive detention. This, the court said, could not be …

An Individual Can't Be Subjected To Preventive Detention Just Because They Participated In Political Rally Which Turned Violent: Bombay HC
2 months ago

An Individual Can't Be Subjected To Preventive Detention Just Because They Participated In Political Rally Which Turned Violent: Bombay HC

Live Law  

Just because an individual participated in a political rally and the same turned violent later will not be a ground to initiate preventive detention process against them, said the Aurangabad bench of the Bombay High Court while ordering the release of a man booked for participating in a rally demanding reservations to the Maratha Community. A division bench of Justice …

Supreme Court Grants Interim Protection To Ex-IAS Officer Puja Khedkar, Issues Notice On Anticipatory Bail Plea
2 months, 2 weeks ago

Supreme Court Grants Interim Protection To Ex-IAS Officer Puja Khedkar, Issues Notice On Anticipatory Bail Plea

Live Law  

The Supreme Court today issued notice on the anticipatory bail plea of ex-IAS probationary officer Puja Khedkar, who is accused of “misrepresenting and falsifying facts" in her application for Union Public Service Commission Civil Services Examination, 2022. However, Senior Advocate Siddharth Luthra pointed out that the Delhi High Court has given very strong findings in the impugned order, indicting Khedkar …

Madras HC orders TN to pay Rs 50K to history-sheeter for illegal detention
2 months, 2 weeks ago

Madras HC orders TN to pay Rs 50K to history-sheeter for illegal detention

New Indian Express  

MADURAI: The Madurai Bench of the Madras High Court recently directed the state home department to pay Rs 50,000 compensation to a history-sheeter for illegally detaining him for more than two months, even after the advisory board told the government to revoke the detention order. Justice N Anand Venkatesh passed the order on a petition filed by R Eswaran, seeking …

Detaining Authority Must Show Likelihood Of Bail To Pass Preventive Detention Order Against Person Already In Custody: Gauhati HC Reiterates
Trending News
2 months, 3 weeks ago

Detaining Authority Must Show Likelihood Of Bail To Pass Preventive Detention Order Against Person Already In Custody: Gauhati HC Reiterates

Live Law  

" The said personal liberty and individual freedom can be curtailed by preventive detention laws, which could be used to consign an individual to the confines of jail without any trial, on the basis of the satisfaction arrived at by the detaining authority on the basis of the material placed before him," the court underscored. “ The Detention Order No.I …

NSA | One Day Delay In Reporting To Centre About Preventive Detention Order Not Substantial: Punjab & Haryana High Court
2 months, 3 weeks ago

NSA | One Day Delay In Reporting To Centre About Preventive Detention Order Not Substantial: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has upheld the preventive detention of Haryana's alleged Azad gang member Parveen alias Dada under the National Security Act, 1980.Among other grounds, it was argued that the State authorities did not follow the timeline provided under Section 3 of NSA. The Punjab and Haryana High Court has upheld the preventive detention of Haryana's alleged …

HC strikes down prisoner’s detention order caused by delay in hearing appeal
3 months ago

HC strikes down prisoner’s detention order caused by delay in hearing appeal

Hindustan Times  

MUMBAI: The Bombay high court recently quashed a detention order of a 22-year-old man lodged at Pune’s Yerawada Central Jail due to a delay by the Maharashtra government in hearing his appeal against it. HC strikes down prisoner’s detention order caused by delay in hearing appeal Based on three criminal cases and two in-camera statements, Somnath Bajrang Jadhav was declared …

Specific Instances Verifiable By Statements Of Witnesses Essential To Establish “Subjective Satisfaction” For Issuing Detention Orders: J&K High Court
3 months, 1 week ago

Specific Instances Verifiable By Statements Of Witnesses Essential To Establish “Subjective Satisfaction” For Issuing Detention Orders: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has held that the grounds of detention disclosing specific instances verifiable by documents and/or statements of witnesses are essential to establish “subjective satisfaction,” and their absence vitiates detention orders. “Vague grounds militate against subjective satisfaction, which is not satisfaction based upon specific acts attributable to the detenue which raise a “reasonable apprehension” …

Preventive Detention A Harsh Measure, Permissible Only When 'Public Order' Disturbed : Supreme Court
3 months, 2 weeks ago

Preventive Detention A Harsh Measure, Permissible Only When 'Public Order' Disturbed : Supreme Court

Live Law  

While quashing a preventive detention order, the Supreme Court observed that preventive detention is a harsh measure, which cannot be invoked against every alleged breach of peace. It has been held that when a person can be dealt with in exercise of powers to maintain law and order, unless the acts of the proposed detainee are the one which have …

Preventive detention must meet strict threshold: SC highlights right to personal liberty
3 months, 3 weeks ago

Preventive detention must meet strict threshold: SC highlights right to personal liberty

Hindustan Times  

The Supreme Court on Wednesday underscored that the fundamental right to personal liberty cannot be curtailed through arbitrary or routine use of preventive detention laws, stressing that a mere breach of law and order does not automatically equate to a public order threat warranting the invocation of this exceptional measure. The court in that case had declared that the “drastic …

Ensure release of prisoners languishing unnecessarily in jails: HC
3 months, 3 weeks ago

Ensure release of prisoners languishing unnecessarily in jails: HC

Deccan Chronicle  

The Madras High Court has asked its Registrar General to ensure that the process for release of prisoners languishing unnecessarily in jails was accelerated by completing the formalities.Filing of necessary petitions through the Legal Aid Services before the competent court should also be ensured.A division bench comprising Justices S M Subramaniam and M Jyothiraman passed the order on Monday on …

‘Raining FIRS’: Supreme Court grants arrest shield to YSR Cong’s Sajjala B Reddy
Top News
3 months, 4 weeks ago

‘Raining FIRS’: Supreme Court grants arrest shield to YSR Cong’s Sajjala B Reddy

Hindustan Times  

NEW DELHI: The Supreme Court on Monday shielded YSR Congress Party’s social media head Sajjala Bhargava Reddy from arrest for two weeks to enable him to approach the high court for bail, observing the interim protection was akin to allowing the petitioner to get first aid while the state government was “raining FIRs” on him. Former Andhra Pradesh chief minister …

Judicial Orders Mandating Incarceration- Recent Trend Of Imposition Of Restriction On Filing A Subsequent Bail Petition
4 months ago

Judicial Orders Mandating Incarceration- Recent Trend Of Imposition Of Restriction On Filing A Subsequent Bail Petition

Live Law  

The fixing of time for concluding the trial and renewing the Bail application after a certain time became a generally inevitable part of criminal jurisprudence of the High Courts of India and the Supreme Court while deciding Regular Bail Petitions. To de-valuing of clean hand of the accused, facts, circumstance and stage of the case and fixing time for subsequent …

Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC
4 months, 1 week ago

Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC

Live Law  

The Indore Bench of Madhya Pradesh High Court pulled up the police authorities for wilfully delaying appropriate action against an accused, noting that despite rejection of his anticipatory bail plea by the high court and his subsequent plea by Supreme Court, a section 41A CrPC notice was issued to him indicating that the police is running a "parallel court". Justice …

Preventive Detention Must Be Invoked With All Due Care And Circumspection: J&K High Court Quashes Detention Order
4 months, 1 week ago

Preventive Detention Must Be Invoked With All Due Care And Circumspection: J&K High Court Quashes Detention Order

Live Law  

Underscoring the sacrosanct nature of personal liberty, the High Court of Jammu & Kashmir and Ladakh quashed a preventive detention order, terming it as a product of non-application of mind and procedural lapses. The preventive detentions are made on the basis of subjective satisfaction of the detaining authority in relation to an apprehended conduct of the detenu by considering his …

Supreme Court Holds Order Which Set Deadline On Balwant Singh's Mercy Plea After Solicitor General's Request
4 months, 2 weeks ago

Supreme Court Holds Order Which Set Deadline On Balwant Singh's Mercy Plea After Solicitor General's Request

Live Law  

After an urgent mentioning made by the Solicitor General of India, the Supreme Court agreed to not upload the order which it passed this morning as per which the President was requested to take a decision on the mercy plea of death row convict Balwant Singh Rajoana within two weeks. A special bench comprising Justice BR Gavai, Justice PK Mishra …

Supreme Court Keeps In Abeyance Its Order On Arrest Of Prisoners Who Were Given Premature Release In UP
Trending News
4 months, 2 weeks ago

Supreme Court Keeps In Abeyance Its Order On Arrest Of Prisoners Who Were Given Premature Release In UP

Live Law  

The Supreme Court has kept in abeyance its order requiring the arrest of prisoners who were given premature release in Uttar Pradesh based on a January 10 order of the Allahabad High Court. In this case, a bench of Justices J.K. Maheshwari and Rajesh Bindal on October 15 directed the Additional Chief Secretary, Home, Government of Uttar Pradesh, to file …

Supreme Court Keeps In Abeyance Its Order On Arrest Of Prisoners Who Were Given Premature Release In UP
Trending News
4 months, 2 weeks ago

Supreme Court Keeps In Abeyance Its Order On Arrest Of Prisoners Who Were Given Premature Release In UP

Live Law  

The Supreme Court has kept in abeyance its order requiring the arrest of prisoners who were given premature release in Uttar Pradesh based on a January 10 order of the Allahabad High Court. In this case, a bench of Justices J.K. Maheshwari and Rajesh Bindal on October 15 directed the Additional Chief Secretary, Home, Government of Uttar Pradesh, to file …

Careful Consideration Of Grounds On Which Bail Has Been Granted To Detenue Is Critical In Preventive Detention Cases: J&K High Court
4 months, 3 weeks ago

Careful Consideration Of Grounds On Which Bail Has Been Granted To Detenue Is Critical In Preventive Detention Cases: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has emphasised that when bail is granted not on the merits of the case but due to procedural defaults under Section 167 of the Criminal Procedure Code or for urgent temporary purposes, such grounds might not favor the detainee. Underscoring the importance of carefully considering the grounds for bail in preventive detention …

Bail In Criminal Cases No Justification For Preventive Detention: J&K High Court Quashes Detention Order Against Ex-SMC Corporator
6 months, 2 weeks ago

Bail In Criminal Cases No Justification For Preventive Detention: J&K High Court Quashes Detention Order Against Ex-SMC Corporator

Live Law  

The Jammu & Kashmir and Ladakh High Court has quashed the preventive detention order issued against former Srinagar Municipal Corporation Corporator Aqib Ahmad Renzu. The court held that the mere fact that Renzu had been granted bail in multiple criminal cases did not justify his detention under preventive law. In the present case, the ordinary law of land was sufficient …

Savukku Shankar case: Supreme Court asks Tamil Nadu government if 15 FIRs pertain to one interview
7 months ago

Savukku Shankar case: Supreme Court asks Tamil Nadu government if 15 FIRs pertain to one interview

The Hindu  

The Supreme Court on Friday directed the Tamil Nadu government to confirm if every one of the 15 First Information Reports registered by the State Police across several districts pertain to the same interview given by YouTuber Savukku Shankar. Chandrachud also questioned the State government’s move to issue one detention order as soon as Mr. Shankar is out from an …

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

J&K Public Safety Act Cannot Be Used As Shortcut To Circumvent Due Process Established Under Code of Criminal Procedure: J&K High Court
7 months, 1 week ago

J&K Public Safety Act Cannot Be Used As Shortcut To Circumvent Due Process Established Under Code of Criminal Procedure: J&K High Court

Live Law  

Quashing a preventive detention order the Jammu and Kashmir and Ladakh High Court has underscored that the J&K Public Safety Act, 1978, cannot be wielded as a shortcut by preventive detention authorities to bypass the due process established under the Code of Criminal Procedure, 1973. In allowing a habeas corpus plea against a detention order premised on multiple FIR's against …

'No Sufficient Cause Was Shown Before Passing Detention Order': Patna High Court Orders Release Of Detenue Arrested Under PITNDPS Act
7 months, 2 weeks ago

'No Sufficient Cause Was Shown Before Passing Detention Order': Patna High Court Orders Release Of Detenue Arrested Under PITNDPS Act

Live Law  

The Patna High Court on Wednesday ordered the release of a detenue who was detained pursuant to the order passed by the Joint Secretary, Government of India, under Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. The release was ordered because the opinion of the advisory board recommending the detention of the …

Communicating Grounds For Detention In A Language Understood By Detenue Is A Constitutional Right: J&K High Court
7 months, 2 weeks 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 …

SC bench to hear Punjab HC’s criticism of its order
7 months, 3 weeks ago

SC bench to hear Punjab HC’s criticism of its order

Hindustan Times  

The Supreme Court on Tuesday took suo motu cognisance of an unusual order issued by a Punjab and Haryana high court judge, who criticised a stay order previously passed by the apex court while commenting that the Supreme Court tends to perceive itself as more “supreme” than it actually is and views high courts as being less “high” than they …

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence
8 months ago

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence

The Quint  

“If courts ‘cave in’ when great rights are gouged within the sound-proof, sight-proof precincts of prison houses, where, often, dissenters and minorities are caged, Bastilles will be re-enacted. Therefore we affirm that imprisonment does not spell farewell to fundamental rights although, by a realistic re-appraisal, courts will refuse to recognise the full panoply of Part III enjoyed by a free …

Savukku Shankar Detention Case:Justice Swaminathan May Recused If Influenced by External Factors,Says Justice Jayachandran
9 months, 3 weeks ago

Savukku Shankar Detention Case:Justice Swaminathan May Recused If Influenced by External Factors,Says Justice Jayachandran

Live Law  

The Madras High Court on Thursday ruled that the split verdict passed concerning the detention of YouTuber Savukku Shankar was without following the principles of natural justice granting fair opportunity. Justice Jayachandran noted that while the court was not bound by a hard and fast rule of granting 4 weeks to file counter, especially in cases dealing with detention orders, …

Savukku Shankar’s Goondas detention: Chennai Police ask third judge to refer petition against detention back to a Division Bench
9 months, 3 weeks ago

Savukku Shankar’s Goondas detention: Chennai Police ask third judge to refer petition against detention back to a Division Bench

The Hindu  

The Greater Chennai City Police on Thursday, June 6, 2024, filed a sub application before the Madras High Court claiming that Justice G. Jayachandran had agreed with the view taken by Justice P.B. Balaji, in a habeas corpus petition filed against YouTuber ‘Savukku’ Shankar alias A. Shankar’s detention under the Goondas Act, and therefore, the case must now be referred …

SC to hear Maharashtra govt.'s plea on June 3 against premature release of gangster Arun Gawli
9 months, 4 weeks ago

SC to hear Maharashtra govt.'s plea on June 3 against premature release of gangster Arun Gawli

The Hindu  

The Supreme Court is scheduled to hear on Monday a plea of the Maharashtra government challenging a Bombay High Court order which paved the way for premature release of gangster-turned-politician Arun Gawli, who is serving life imprisonment in a murder case. A Vacation Bench of Justices Aravind Kumar and Sandeep Mehta will hear the plea of the State government in …

Courts Can Scrutinise Grounds Of Detention To Ascertain Prima Facie Connection Between Grounds & Purpose Of Detention Order: J&K High Court
10 months ago

Courts Can Scrutinise Grounds Of Detention To Ascertain Prima Facie Connection Between Grounds & Purpose Of Detention Order: J&K High Court

Live Law  

Asserting that Courts are not barred from examining the grounds of detention, the Jammu and Kashmir and Ladakh High Court has recently ruled that the Court has the authority to examine the grounds for detention and ensure a prima facie connection between the grounds and the purpose of the detention order. While acknowledging that subjective satisfaction recorded by the detaining …

Madras HC delivers split verdict on legality of detention of 'Savukku' Shankar under Goondas Act
10 months, 1 week ago

Madras HC delivers split verdict on legality of detention of 'Savukku' Shankar under Goondas Act

New Indian Express  

CHENNAI: The Madras High Court on Friday delivered a split verdict on the legality of the detention of jailed YouTuber ‘Savukku’ Shankar under the Goondas Act in the wake of his arrest in five different cases including the ones relating to denigrating women police personnel in an interview and possession of ganja. Justice GR Swaminathan, who was presiding the division …

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