'He Is 73; Detention Period About To Expire' : SC Seeks To Know Basis For Continued Detention Of J&K Bar Association President Mian Abdul Qayoom
4 years, 5 months ago

'He Is 73; Detention Period About To Expire' : SC Seeks To Know Basis For Continued Detention Of J&K Bar Association President Mian Abdul Qayoom

Live Law  

The Supreme Court adjourned the plea filed by Senior Advocate and J&K Bar Association President Mian Abdul Qayoom, which challenged the 28th May, 2020 Order of the J&K High Court which had dismissed his habeas corpus petition and upheld his detention under the J&K Public Safety Act, 1978. The petition, filed by Advocate-on-Record Aakarsh Kamra on behalf of Qayoom, states that the Petitioner is "Senior Advocate with more than 40 years' standing at the Bar, havingserved as President of the J&K High Court Bar Association for many terms, including from 2014 till the present". The instant Special Leave Petition before the Apex Court states that "the impugned common judgement and order dated 28.05.2020 is ex facie unsustainable in law as it is premised on stale, irrelevant, remote vague, imprecise and deficient grounds of detention. The impugned judgement and order concluded that most of the grounds in the detention order 'somewhat clumsy' which implies that the High Court too found them wanting".

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History of this topic

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 …

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 …

Habeas Corpus Petitions Can't Be Allowed To Become Infructuous Due To Pendency Outlasting Period Of Detention: J&K High Court
3 months, 2 weeks ago

Habeas Corpus Petitions Can't Be Allowed To Become Infructuous Due To Pendency Outlasting Period Of Detention: J&K High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court ruled that a habeas corpus writ petition cannot be dismissed solely because the period of preventive detention has expired during the pendency of the case. Justice Rahul Bharti, while adjudicating the case, stated: "A habeas corpus writ petition cannot be allowed to suffer self-abortion because of its pendency outlasting the prescribed period …

Former general secretary of Kashmir Bar, Ashraf Bhat arrested in Srinagar
5 months, 1 week ago

Former general secretary of Kashmir Bar, Ashraf Bhat arrested in Srinagar

The Hindu  

Mohammad Ashraf Bhat, a Kashmiri lawyer who served as the general secretary of the Kashmir chapter of the J&K High Court Bar Association, was arrested by the J&K Police on Tuesday night. Mr. Bhat has become the fourth lawyer of the erstwhile Bar to be arrested in 23 days. Earlier, ex-Bar chief Mian Qayoom, acting Bar chairman Nazir Ahmad Ronga, …

Former DMK functionary Jaffer Sadiq, accused of drug smuggling, moves Madras High Court with plea to quash ED’s arrest order
5 months, 2 weeks ago

Former DMK functionary Jaffer Sadiq, accused of drug smuggling, moves Madras High Court with plea to quash ED’s arrest order

The Hindu  

Former DMK functionary, A. Jaffer Saddiq, 35, of Chennai, accused in a narcotic drugs smuggling case, has approached the Madras High Court with a plea to quash an order passed by the Directorate of Enforcement on June 26, 2024 for arresting him in connection with a money laundering case. Ramesh and Sunder Mohan on Thursday allowed a sub application filed …

Kashmir lawyer’s killing case: Ex-Bar president Mian Qayoom ‘questioned’ in Srinagar
5 months, 4 weeks ago

Kashmir lawyer’s killing case: Ex-Bar president Mian Qayoom ‘questioned’ in Srinagar

The Hindu  

Mian Qayoom, former president of the Jammu and Kashmir High Court Bar Association, was detained and questioned by J&K police on Tuesday in relation to the assassination of lawyer Babar Qadri in 2020 in Srinagar. Mr. Qadri had been critical of Mr. Qayoom’s functioning as the Bar association president and would criticise him on social media platforms. However, in 2022, …

Ex-Kashmir High Court Bar Association President Mian Qayoom Arrested In Advocate Babar Qadri's Murder Case
5 months, 4 weeks ago

Ex-Kashmir High Court Bar Association President Mian Qayoom Arrested In Advocate Babar Qadri's Murder Case

Live Law  

The Jammu and Kashmir State Investigation Agency has detained Mian Abdul Qayoom, a prominent lawyer and former president of the Jammu and Kashmir High Court Bar Association, for his alleged involvement in the 2020 murder of advocate Babar Qadri. Prior to his murder, Qadri had posted a video on Facebook criticizing Qayoom for his political activities within the Bar Association. …

Savukku Shankar’s Goondas detention: Chennai Police ask third judge to refer petition against detention back to a Division Bench
6 months, 2 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 …

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

Cannot Utilise Previously Invalidated Grounds To Detain Individual For Issuance Of Fresh Detention Order: J&K High Court
8 months, 3 weeks ago

Cannot Utilise Previously Invalidated Grounds To Detain Individual For Issuance Of Fresh Detention Order: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated that authorities cannot utilize grounds previously invalidated to detain an individual under preventive detention statutes. A bench of Justice Sanjeev Kumar emphasized the inherent challenge of segregating the grounds of a quashed detention order from fresh grounds without delving into the subjective considerations of the Detaining Authority. “.it would not …

Govt Must Enquire Whether Representation Has Been Made Against Detention By Detenue, Any Omissions Fatal For Detention Order's Validity: J&K High Court
8 months, 3 weeks ago

Govt Must Enquire Whether Representation Has Been Made Against Detention By Detenue, Any Omissions Fatal For Detention Order's Validity: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court released a young woman detained under the Jammu and Kashmir Public Safety Act, 1978 emphasising the "onus" on the government to ensure a detenue's representation reaches the Advisory Board before it confirms the detention order. A bench of Justice Rahul Bharti observed, “Onus is equally upon the Government to enquire from the …

Court Can Review Detention Orders Despite Detaining Authority's Subjective Satisfaction: Jammu & Kashmir High Court
1 year, 4 months ago

Court Can Review Detention Orders Despite Detaining Authority's Subjective Satisfaction: Jammu & Kashmir High Court

Live Law  

While acknowledging the principle of not ordinarily interfering with the detaining authority's subjective satisfaction, the Jammu and Kashmir and Ladakh High Court on Wednesday clarified that this principle does not preclude the court from examining the material that forms the basis of detention. “The subjective satisfaction though cannot be interfered normally by the court but at the same time it …

T.N. Minister Senthilbalaji’s arrest | Madras High Court Chief Justice names C.V. Karthikeyan as third judge to hear case on legality of detention
1 year, 5 months ago

T.N. Minister Senthilbalaji’s arrest | Madras High Court Chief Justice names C.V. Karthikeyan as third judge to hear case on legality of detention

The Hindu  

Madras High Court Chief Justice S.V. Gangapurwala has named Justice C.V. Karthikeyan as the third Judge to hear a habeas corpus petition filed by the wife of Minister V. Senthilbalaji, who was arrested by the Directorate of Enforcement on June 14, 2023, in a money laundering case and remains in a private hospital now, in judicial custody. Despite such a …

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 …

Grounds In Detention Order Quashed By Writ Court Can't Be Considered While Passing Fresh Detention Order: Jammu & Kashmir High Court
1 year, 7 months ago

Grounds In Detention Order Quashed By Writ Court Can't Be Considered While Passing Fresh Detention Order: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High has ruled that when a Court quashes a detention order using a high prerogative writ, the grounds of the previous order should not be considered, either in whole or in part, when determining new grounds for detention. Justice Moksha Kazmi Khajuria made these observations while hearing a Habeas Corpus petition seeking quashing of …

High Court reserves judgment in defamation case
1 year, 8 months ago

High Court reserves judgment in defamation case

Deccan Chronicle  

Hyderabad: Justice K. Surender of the Telangana High Court on Wednesday reserved orders on a petition seeking disposal of a defamation case filed against Firoz Bakht Ahmed, the Chancellor of Moulana Azad National Urdu University. Detention order in human trafficking case set aside A two-judge bench of the Telangana High Court on Wednesday set aside a detention order issued against …

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" …

Detention Order Passed For Pleasure Of Passing It, Grounds Not A Matter Of Wordplay: High Court Censures Kashmir Divisional Commissioner
1 year, 11 months ago

Detention Order Passed For Pleasure Of Passing It, Grounds Not A Matter Of Wordplay: High Court Censures Kashmir Divisional Commissioner

Live Law  

The Jammu & Kashmir and Ladakh High Court recently quashed a detention order under Prevention of Illicit Traffic In Narcotic Drugs and Psychotropic Substances Act, observing that it seems to have been passed for the pleasure of passing an order. The court made the observations in its decision on a habeas corpus plea challenging the legality of the detention order …

[Preventive Detention] Satisfaction Of Detaining Authority Must Be Based On Collective Scrutiny Of Police Dossier & Connected Docs: J&K&L High Court
2 years, 1 month ago

[Preventive Detention] Satisfaction Of Detaining Authority Must Be Based On Collective Scrutiny Of Police Dossier & Connected Docs: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that in absence of the material supporting the allegations or specifying details of such incident, it cannot be held that some activities are prejudicial to the maintenance of peace, public order and tranquility and that too when there is not any whisper in the record substantiating these vague allegations. The …

Grounds Of Detention Mentioned In An Order That Was Quashed By Court Can't Be Considered To Pass Fresh Detention Order: J&K&L High Court
2 years, 4 months ago

Grounds Of Detention Mentioned In An Order That Was Quashed By Court Can't Be Considered To Pass Fresh Detention Order: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently observed that once an order of preventive detention is quashed, the grounds of detention mentioned in such order cannot be considered, either as a whole or in part, for the purpose of passing fresh deletion orders. A bench of Justice Sindhu Sharma observed: "If a detention order is quashed, the grounds …

J&K&L High Court Orders Probe By Anti-Corruption Bureau Into Leakage Of PSA Detention Order Even Before Its Execution
2 years, 5 months ago

J&K&L High Court Orders Probe By Anti-Corruption Bureau Into Leakage Of PSA Detention Order Even Before Its Execution

Live Law  

Jammu and Kashmir & Ladakh High Court on Tuesday took strong exception to leakage of a detention order passed under Public Safety Act and ordered a probe by J&K Anti corruption bureau as to how the documents landed the hands of the detenu even before its execution. A bench comprising Justice Rajnesh Oswal was hearing a plea filed by the …

No "Live Link" With Past Incidents: MP High Court Quashes Preventive Detention Order U/S 3(2) Of National Security Act, Awards 10K Cost
2 years, 5 months ago

No "Live Link" With Past Incidents: MP High Court Quashes Preventive Detention Order U/S 3(2) Of National Security Act, Awards 10K Cost

Live Law  

The Madhya Pradesh High Court, Indore Bench recently set aside an order of Preventive Detention under the National Security Act and further imposed a cost of Rs. The Court observed that there was no live link between the earlier alleged incidence on the part of the Petitioner and the incidence in respect of which his detention order had been passed. …

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 …

Supreme Court orders release of 62-year-old Pakistani national lodged in detention centre
2 years, 7 months ago

Supreme Court orders release of 62-year-old Pakistani national lodged in detention centre

Firstpost  

The Court released Mohammad Qamar, who has been declared a foreigner by the tribunal, on condition to furnish a personal bond of Rs 5,000 and two sureties of the like amount and his permanent address in Meerut, Uttar Pradesh, where he proposes to stay New Delhi: The Supreme Court on Friday directed the Central Government to release a 62-year-old Pakistan …

'Even A Single Act Against Public Peace & Order Can Be Sufficient Ground For Detention': Jammu & Kashmir & Ladakh High Court
3 years ago

'Even A Single Act Against Public Peace & Order Can Be Sufficient Ground For Detention': Jammu & Kashmir & Ladakh High Court

Live Law  

The Jammu & Kashmir & Ladakh High Court has recently upheld the detention order of a habitual offender on the grounds that he has been creating a sense of alarm and feeling of insecurity in the minds of people in the area, causing a chronic fear among them. Relying on various apex court judgments like Debu Mahato v. State of …

"Unexplained Delay Of 4 Days": Allahabad HC Quashes NSA Detention Of Man Who Allegedly Protested, Assaulted Police Force
3 years, 1 month ago

"Unexplained Delay Of 4 Days": Allahabad HC Quashes NSA Detention Of Man Who Allegedly Protested, Assaulted Police Force

Live Law  

The Allahabad High Court last week quashed the detention order passed under the National Security Act on account of 4 days of unexplained delay in disposing of the petitioner/detenue's representation by the Union of India.This order was passed by the Bench of Justice Ramesh Sinha and Justice Saroj Yadav while hearing the habeas corpus plea filed by the detenue Sonu …

NSA Invoked For FB Post On 'Babri Masjid': "Detention Justified But Delay In Disposing Representation": Allahabad HC Quashes Detention Order
3 years, 3 months ago

NSA Invoked For FB Post On 'Babri Masjid': "Detention Justified But Delay In Disposing Representation": Allahabad HC Quashes Detention Order

Live Law  

The Allahabad High Court today quashed a detention order passed by the DM, Lakhimpur Kheri under the National Security Act, 1980 against a man for his alleged Facebook post on Babri Masjid.The Bench of Justice Ramesh Sinha and Justice Saroj Yadav was hearing the habeas corpus. The Allahabad High Court today quashed a detention order passed by the DM, Lakhimpur …

Karnataka High Court Refuses To Quash Kidnapping Case Against Private Secretary Of Chief Minister.
3 years, 10 months ago

Karnataka High Court Refuses To Quash Kidnapping Case Against Private Secretary Of Chief Minister.

Live Law  

The Karnataka High Court on February 1, dismissed a petition filed by N R Santosh, personal secretary to the Chief Minister, seeking to quash a quash of kidnapping case registered against him in 2018, by one K.S. Complainant argued: The informant contend that this petitioner was working as a Private Secretary to the present Chief Minister and the present Chief …

Purpose Of Detention To Prevent Detenu From Indulging In Smuggling, Undue Delay Makes Detention Order Vulnerable: Bombay HC Quashes Order U/COFEPOSA [Read Judgment]
4 years, 2 months ago

Purpose Of Detention To Prevent Detenu From Indulging In Smuggling, Undue Delay Makes Detention Order Vulnerable: Bombay HC Quashes Order U/COFEPOSA [Read Judgment]

Live Law  

While quashing an order of detention passed under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, the Bombay High Court on Thursday held that the purpose of a detention order issued under the Act is to prevent the detenu from indulging in prejudicial activity like smuggling and if there is unreasonable delay in making of the detention …

Mehboob Mufti's Detention Order Based On Subjective Satisfaction Of Detaining Authority Cannot Be A Matter Of Judicial Review: J&K Admin. Tells SC
4 years, 2 months ago

Mehboob Mufti's Detention Order Based On Subjective Satisfaction Of Detaining Authority Cannot Be A Matter Of Judicial Review: J&K Admin. Tells SC

Live Law  

The District Magistrate, Srinagar, who passed the order for preventive detention of former J&K CM Mehbooba Mufti under the Public Safety Act, has told the Supreme Court that the order was passed after "subjective satisfaction" of the detaining authority that it is necessary to detain Mufti so as to prevent her from acting in any manner prejudicial to the maintenance …

'If Detenue Was In Custody, It Wouldn't Have Been Possible For Him To Indulge In Stone Pelting' J&K HC Quashes A Detention Order Passed 'In A Mechanical Manner' [Read Order]
4 years, 2 months ago

'If Detenue Was In Custody, It Wouldn't Have Been Possible For Him To Indulge In Stone Pelting' J&K HC Quashes A Detention Order Passed 'In A Mechanical Manner' [Read Order]

Live Law  

While hearing a petition wherein the Detaining Authority had ordered to place a Detenue under preventive detention, the Jammu and Kashmir High Court on Tuesday noted that it was clear from the dossier as well as the grounds of detention that at the time of passing of the impugned order, the detenue was in custody. This goes on to strengthen …

Detaining Authorities Must Be Given Proper Training About Requirements Of Law In Passing Detention Order: J&K HC Releases Man Allegedly Detained As Lashkar-e-Taiba Worker [Read Order]
4 years, 2 months ago

Detaining Authorities Must Be Given Proper Training About Requirements Of Law In Passing Detention Order: J&K HC Releases Man Allegedly Detained As Lashkar-e-Taiba Worker [Read Order]

Live Law  

While quashing a Detention order passed by respondent No. 2 under the provisions of Public Safety Act, 1978, the Jammu and Kashmir High Court on Monday remarked, "We are at pains to observe that in routine this Court comes across the cases in which the detention orders issued on the grounds of threat to the security and integrity of State …

Art 370: 1 Year On, How J&K Has Been Let Down by the Supreme Court
4 years, 4 months ago

Art 370: 1 Year On, How J&K Has Been Let Down by the Supreme Court

The Quint  

One might argue that this was an appeal case, and once Qayoom’s lawyers agreed to the release as proposed by the government, the Supreme Court could not have done more. On the previous days, the court had not pushed for arguments on the legality of the J&K High Court’s order, even though that was what the case was about. Qayoom’s …

[Kashmir] It is Time For All Wounds To Be Healed And Look To The Future: Supreme Court
4 years, 4 months ago

[Kashmir] It is Time For All Wounds To Be Healed And Look To The Future: Supreme Court

Live Law  

At the brink of completion of a year since abrogation of Article 370 in the erstwhile State of Jammu & Kashmir, which comes to a close on August 5, 2020, the Supreme Court on Wednesday expressed hope for the troubled region of Kashmir. "Hope is something which creates the future and we are hopeful" said the bench of Justices Sanjay …

Detention of HC Bar Association Chief Under PSA Will Not to Be Extended: J&K Admin tells Supreme Court
4 years, 4 months ago

Detention of HC Bar Association Chief Under PSA Will Not to Be Extended: J&K Admin tells Supreme Court

News 18  

The Jammu and Kashmir administration informed the Supreme Court on Monday that it will not extend the current detention of high court bar leader Mian Abdul Qayoom under J-K Public Safety Act beyond August 7. The top court asked J-K administration to apprise it by July 29 as to why Qayoom cannot be released on bail till August 7, the …

Mian Abdul Qayoom's Detention Will Not Be Extended Beyond August 6: Centre Tells SC
4 years, 4 months ago

Mian Abdul Qayoom's Detention Will Not Be Extended Beyond August 6: Centre Tells SC

Live Law  

The Central Government informed the Supreme Court that the detention order of Senior Advocate and President of J&K High Court Bar Association Mian Abdul Qayoom will not be extended beyond the date of its expiry, i.e. The submission was made in the plea filed on behalf of Qayoom, challenging the 28th May, 2020, Order of the J&K High Court which …

Supreme Court issues notice on J&K advocate’s detention under PSA
4 years, 5 months ago

Supreme Court issues notice on J&K advocate’s detention under PSA

The Hindu  

The Supreme Court on Friday asked the Jammu and Kashmir government to respond to an appeal filed by the erstwhile State’s High Court Bar Association president challenging his nearly one-year detention and solitary confinement in the Agra Central Prison. In his appeal before the apex court, Mr. Qayoom argued that the J&K High Court rejected his habeas corpus petition to …

'Activities Of The Detenu Are Normal Activities Of A Politician In A Democracy': J&K HC Quashes Detention Order Of NCP Leader Ali Mohammad Sagar [Read Order]
4 years, 6 months ago

'Activities Of The Detenu Are Normal Activities Of A Politician In A Democracy': J&K HC Quashes Detention Order Of NCP Leader Ali Mohammad Sagar [Read Order]

Live Law  

The Jammu and Kashmir High Court today quashed the order for detention of senior National Conference leader Ali Mohammad Sagar, under the J&K Public Safety Act. The bench observed that the detention order was illegal because the Detaining Authority did not show its awareness to the fact that the detenu was already in custody. Reliance was placed on N. Meera …

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