'All Preventive Detention Laws Necessarily Harsh': Supreme Court Emphasises Strict Adherence To Procedure In Preventive Detention Cases
1 year, 5 months ago

'All Preventive Detention Laws Necessarily Harsh': Supreme Court Emphasises Strict Adherence To Procedure In Preventive Detention Cases

Live Law  

In a plea regarding the continued detention of a person under a preventive detention law in Jharkhand, the Supreme Court emphasized the importance of strictly adhering to procedural requirements in cases concerning preventive detention laws. The bench, comprising Justice Aniruddha Bose and Justice Sudhanshu Dhulia, acknowledged that preventive detention laws are inherently stringent as. The bench, comprising Justice Aniruddha Bose and Justice Sudhanshu Dhulia, acknowledged that preventive detention laws are inherently stringent as they curtail personal liberty without a trial. According to Section 19 of the Act, within three weeks of detention, the government must present the grounds for the detention order and the affected person's representation to the Advisory Board.

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History of this topic

'Sanction Not Required For Investigation,' Jharkhand To Supreme Court In Deoghar Airport Case Against MPs Nishikant Dubey, Manoj Tiwari
4 weeks ago

'Sanction Not Required For Investigation,' Jharkhand To Supreme Court In Deoghar Airport Case Against MPs Nishikant Dubey, Manoj Tiwari

Live Law  

The Supreme Court on Wednesday heard State of Jharkhand's plea against Jharkhand High Court's decision to quash the FIR against BJP MPs Nishikant Dubey, Manoj Tiwari, and others in the Deoghar Airport case. In July 2023, the Court issued notice on a petition filed by the State of Jharkhand challenging the Jharkhand High Court's decision to quash the FIR against …

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

Careful Consideration Of Grounds On Which Bail Has Been Granted To Detenue Is Critical In Preventive Detention Cases: J&K High Court
1 month, 2 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
3 months, 1 week 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 …

'No Sufficient Cause Was Shown Before Passing Detention Order': Patna High Court Orders Release Of Detenue Arrested Under PITNDPS Act
4 months, 1 week 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 …

The top court as custodian of liberties
4 months, 1 week ago

The top court as custodian of liberties

The Hindu  

Former Delhi Deputy Chief Minister Manish Sisodia’s enlargement on bail by the Supreme Court of India, after an unconscionably long incarceration, is a welcome vindication of the apex court’s remit as custodian of individual liberties. In an eloquent exposition of its mandate, the Court reiterated that ‘a constitutional court has to lean in favour of constitutionalism and the rule of …

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

Supreme Court Grants Interim Protection To Aaj Tak's Sudhir Chaudhary In Jharkhand Police FIR Over Alleged Anti-Tribal Remarks
9 months, 2 weeks ago

Supreme Court Grants Interim Protection To Aaj Tak's Sudhir Chaudhary In Jharkhand Police FIR Over Alleged Anti-Tribal Remarks

Live Law  

The Supreme Court on Monday granted interim protection to Sudhir Chaudhary, Consulting Editor of Aaj Tak TV channel, in relation to an FIR registered by the Jharkhand Police over the alleged remarks made by him against the tribal community following the arrest of former Jharkhand Chief Minister Hemant Soren.While issuing notice on the petition filed by Chaudhary returnable within. The …

Patna HC Directs Bihar Courts To Ensure Compliance With Supreme Court's 'Arnesh Kumar Guidelines' On Arrest
1 year, 3 months ago

Patna HC Directs Bihar Courts To Ensure Compliance With Supreme Court's 'Arnesh Kumar Guidelines' On Arrest

Live Law  

The Patna High Court recently issued a circular for all the courts under its territorial jurisdiction of this Court directing them to follow the guidelines issued by the Supreme Court in the 2014 Arnesh Kumar Judgment on arrests. Accordingly, the Patna High Court has issued the following guidelines: 11.1 All the State Governments to instruct its police officers not to …

Jammu & Kashmir High Court Upholds Preventive Detention Of Man Accused In Srinagar DySP Lynching Case
1 year, 4 months ago

Jammu & Kashmir High Court Upholds Preventive Detention Of Man Accused In Srinagar DySP Lynching Case

Live Law  

The Jammu and Kashmir High Court on Wednesday upheld the preventive detention of a man who is also the main accused in the DySP lynching case that occurred in Srinagar's Nowhatta area in 2017. The incident dates back to the intervening night of 22nd and 23rd June 2017 when a Deputy Superintendent of Police of the security wing of J&K …

Those Responsible For National Security Sole Judges Of What Preventive Actions Are Necessary: Jammu & Kashmir High Court Upholds Detention Order
1 year, 4 months ago

Those Responsible For National Security Sole Judges Of What Preventive Actions Are Necessary: Jammu & Kashmir High Court Upholds Detention Order

Live Law  

The Jammu and Kashmir High Court recently emphasised on its limited scope to look into the manner in which the subjective satisfaction is arrived at by the detaining authority to order preventive detention of a person. The Petitioner in the instant case was taken into preventive custody in terms of the order of detention issued under Section 8 of the …

Delhi May Get Gujarat-like Preventive Detention Law, But Do We Really Need It?
1 year, 5 months ago

Delhi May Get Gujarat-like Preventive Detention Law, But Do We Really Need It?

The Quint  

Back in 2007, Visamanbhai Dhola tried convincing the Gujarat government that he was only a social worker, but to no avail. The District Magistrate insisted that he was a “dangerous person” and thus, had to be detained under the Gujarat Prevention of Anti-Social Activities Act. The suspicion of the District Magistrate, according to the recollection of details in the Gujarat …

Preventive detention only in the rarest of rare cases: HC
1 year, 5 months ago

Preventive detention only in the rarest of rare cases: HC

Deccan Chronicle  

HYDERABAD: A two-judge bench of the Telangana High Court, comprising Justice K. Lakshman and Justice P. Sree Sudha, set aside a preventive detention order based on a solitary crime out of grudge and animosity. GST Act vires challenged: The two-judge bench of the Telangana High Court admitted a writ plea seeking for declaring provisions of the Goods and Services Tax …

Preventive Detention Law Under Legal Scrutiny in Two States: Why Is It Debated?
1 year, 5 months ago

Preventive Detention Law Under Legal Scrutiny in Two States: Why Is It Debated?

The Quint  

On 23 June, the Tamil Nadu State Public Prosecutor wrote to the DGP, asking the police officers in the state to not invoke preventive detention laws at the drop of a hat. The law officer said that most of the preventive detention orders get quashed by the High Court because they get passed in trivial cases too and not necessarily …

Bombay HC imposes cost on Daman & Diu administration for unwarranted detention of activists
1 year, 6 months ago

Bombay HC imposes cost on Daman & Diu administration for unwarranted detention of activists

India Today  

The Bombay High Court came down heavily on a district magistrate of the Dadra and Nagar Haveli for passing detention orders in a “casual” and “mechanical manner” without “application of mind”. Quashing the order passed by the Dadra and Nagar Haveli administration in November 2022, which placed the activists under preventive detention, a bench of Justices Revati Mohite Dere and …

Person Confined Under Preventive Detention Law In Jammu & Kashmir Not Released Despite High Court's Quashing Order Passed Over A Year Ago
1 year, 7 months ago

Person Confined Under Preventive Detention Law In Jammu & Kashmir Not Released Despite High Court's Quashing Order Passed Over A Year Ago

Live Law  

Terming the non-release of a detainee whose detention order under Public Safety Act was quashed by it last year as a very "disturbing scenario", the Jammu and Kashmir and Ladakh High Court has ordered District Magistrate, Baramulla to be personally present before it and also produce the detainee before it next week. A bench comprising Justice Rahul Bharti observed, "Through …

Preventive Detention Law A Colonial Legacy, Confers Arbitrary Power; Every Procedural Lapse Must Benefit Detenue's Case : Supreme Court
1 year, 8 months ago

Preventive Detention Law A Colonial Legacy, Confers Arbitrary Power; Every Procedural Lapse Must Benefit Detenue's Case : Supreme Court

Live Law  

While setting aside a preventive detention order, the Supreme Court observed that such laws in India are a colonial legacy and have great potential for abuse and misuse. The Court also stated that in cases of preventive detention under the COFEPOSA Act, the detainee has the right to submit representations to the detaining authority, the Government, and the Advisory Board. …

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

UAPA & Preventive Detention: Important High Court Judgments 2022
1 year, 11 months ago

UAPA & Preventive Detention: Important High Court Judgments 2022

Live Law  

LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. Preventive Detention Not Tenable When Other Penal Laws Sufficient To Deal With The Situation: Gujarat High Court Case Title: Dilip Bhavanishankar Yadav v. State Of Gujarat Case Citation: 2022 LiveLaw 85 "Unless and until, the material is there to make outa case that the …

Grounds Of Bail Important Factor To Decide Whether Preventive Detention Of Accused Necessary: Bombay High Court
1 year, 11 months ago

Grounds Of Bail Important Factor To Decide Whether Preventive Detention Of Accused Necessary: Bombay High Court

Live Law  

The Bombay High Court recently reiterated that the grounds on which bail was granted to an accused have to be considered by the detaining authority while deciding whether the accused needs to be preventively detained or not. APP S. S. Doifode for the State said that the detaining authority not only considered the three crimes but also additional material available …

District Magistrate Cannot Describe Period Of Preventive Detention, Govt's Prerogative To Do The Same : JKL High Court
2 years ago

District Magistrate Cannot Describe Period Of Preventive Detention, Govt's Prerogative To Do The Same : JKL High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently observed that a District Magistrate while passing the order of detention cannot describe the period of detention of the detenue, because it is the Government which after approving the detention provides the period till the detenue would be detained.A bench comprising Justice Wasim Sadiq Nargal observed,"Section 17 of J & K …

Preventive detention cannot be normalised
2 years ago

Preventive detention cannot be normalised

Hindustan Times  

newLast month, the Madras high court passed a very important judgment on the issue of preventive detention. Thus, identifying what had essentially become an unconstitutional state of affairs, the court then held that a preventive detention order would be set aside unless the State could demonstrate that ordinary criminal law was insufficient to address the issue. The court, therefore, found …

'Bail Conditions Should Be Proportionate' : Supreme Court Says Blanket Order Restricting Zubair From Tweeting Is Unjustified
2 years, 4 months ago

'Bail Conditions Should Be Proportionate' : Supreme Court Says Blanket Order Restricting Zubair From Tweeting Is Unjustified

Live Law  

In the judgment in the Mohammed Zubair case, the Supreme Court held that the bail conditions imposed by the Courts, apart from bearing a nexus with the purpose of imposing them, ought to be proportional to the said purpose - thus striking a balance between the liberty of the accused and the enforcement of criminal justice. Case Title : Mohammed …

Preventive Detention Cannot Be Made By Stating Vague Grounds: Jammu And Kashmir High Court
2 years, 7 months ago

Preventive Detention Cannot Be Made By Stating Vague Grounds: Jammu And Kashmir High Court

Live Law  

The Jammu and Kashmir High Court recently quashed an order for detention while observing that detention in preventive custody on the basis of such vague and ambiguous grounds of detention cannot be justified. Petitioner submitted that the allegations made in the grounds of detention are vague and indefinite and no prudent man can make an effective representation against these allegations …

Non-Supply Of Vital Documents To Detenue Hampers His Right To Make Representation: J&K&L High Court Quashes Preventive Detention Order
2 years, 7 months ago

Non-Supply Of Vital Documents To Detenue Hampers His Right To Make Representation: J&K&L High Court Quashes Preventive Detention Order

Live Law  

Jammu and Kashmir High Court recently quashed a preventive detention order declaring it to be illegal on ground that all important documents related to the matter were not provided to the detenue. Justice Sanjay Dhar observed: "Contention of the petitioner that whole of the material relied upon by the detaining authority, while framing the grounds of detention, has not been …

Preventive Detention Cannot Be Ordered Merely Because A Person Is Implicated In A Criminal Proceeding : Supreme Court
2 years, 8 months ago

Preventive Detention Cannot Be Ordered Merely Because A Person Is Implicated In A Criminal Proceeding : Supreme Court

Live Law  

The Supreme Court observed that preventive detention cannot be ordered merely because a person is implicated in a criminal proceeding. "A mere apprehension of a breach of law and order is not sufficient to meet the standard of adversely affecting the "maintenance of public order"", the bench comprising Justices DY Chandrachud and Surya Kant observed while quashing a detention order.In …

Madhya Pradesh High Court Quashes Order Of Preventive Detention As District Magistrate Failed To Forward The Order To Govt. Forthwith
2 years, 9 months ago

Madhya Pradesh High Court Quashes Order Of Preventive Detention As District Magistrate Failed To Forward The Order To Govt. Forthwith

Live Law  

The High Court of Madhya Pradesh recently set aside the order of preventive detention passed by the District Magistrate, holding that he failed to discharge his obligation, in as much as forwarding the case to the State Government after nearly 10 days of passing the respective order. Bansal was essentially dealing with a writ petition filed by the Petitioner, wherein …

Supreme Court Cautions High Courts Against Unnecessary Summoning Of Officers, Quashes Jharkhand HC Order
3 years, 5 months ago

Supreme Court Cautions High Courts Against Unnecessary Summoning Of Officers, Quashes Jharkhand HC Order

Live Law  

The Supreme Court has recently quashed an order of the Jharkhand High Court in an anticipatory bail case, seeking the personal presence of State officials for the "betterment of the criminal justice system." A division bench comprising Justice Sanjay Kishan Kaul and Krishna Murari took objection to the impugned judgment and cautioned High Courts against "unnecessary summoning officers" in a …

Accused Entitled To Seek Bail On Sole Ground Of Arrest Violating 'Arnesh Kumar' Guidelines : Madhya Pradesh High Court
3 years, 7 months ago

Accused Entitled To Seek Bail On Sole Ground Of Arrest Violating 'Arnesh Kumar' Guidelines : Madhya Pradesh High Court

Live Law  

Days after it observed that the need of the hour is to immediately decongest jails, the Madhya Pradesh High Court on Monday directed the High-Powered Committee to consider the suggestions received by it and make its recommendation regarding the release of prisoners. Additionally, the Senior Counsel and Amicus Curiae suggested that the High Powered Committee ought to also consider recommending …

'A Jurisdiction Of Suspicion': Kerala High Court Lays Down Guidelines For Detention Under Preventive Detention Laws
3 years, 7 months ago

'A Jurisdiction Of Suspicion': Kerala High Court Lays Down Guidelines For Detention Under Preventive Detention Laws

Live Law  

In a detailed judgment, the Kerala High Court recently prescribed safeguards against arbitrary and unjustified invasion of personal liberty in cases of preventive detention. Explaining how the procedural safeguards against preventive detention prescribed by the Constitution were to be interpreted by the High Court in matters relating to preventive detention, the bench remarks, "It is therefore that when an application …

"Preventive Detention Shall Not Be Decided In Slipshod Manner":Gujarat HC Issues Guidelines For State, Detaining Authority [Read Order]
4 years, 2 months ago

"Preventive Detention Shall Not Be Decided In Slipshod Manner":Gujarat HC Issues Guidelines For State, Detaining Authority [Read Order]

Live Law  

The division bench further iterated that the concerned government pleader appearing for the State also as an Officer of the Court owes a duty to assist the Court in the right manner and in the right direction. The detaining authority should also communicate the grounds of detention comprising of the basic facts, and the relied upon materials, in their entirety …

Preventive Detention Laws Cannot Be Invoked By State As An Easy Way Method Bypassing The Ordinary Law: Telangana HC [Read Order]
4 years, 3 months ago

Preventive Detention Laws Cannot Be Invoked By State As An Easy Way Method Bypassing The Ordinary Law: Telangana HC [Read Order]

Live Law  

The Telangana High Court recently observed that "The preventive detention laws cannot be invoked as an easy way method bypassing the ordinary law and if the detention order is passed, it is very much necessary for the detaining authority to apply its mind and arrive at a conclusion that ordinary law is not capable of acting deterrent against the detenu …

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