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 Police was lynched to death by a mob outside Jamia Masjid in Srinagar's Nowhatta area. Justice M A Chowdhary, while deciding his Habeas Corpus petition stated that the legal position regarding preventive detention of a person already in custody for a substantive offence is well settled. The court also emphasized that preventive detention is not punitive but only preventive in nature, aimed at protecting society and further observed that the grounds of detention and the detaining authority's satisfaction were based on material indicating Wani's involvement in the DySP lynching case.

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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 …

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 …

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 …

When citizen's liberty is in question, lower courts should decide pre-arrest bail pleas quickly: Bombay HC
3 months, 4 weeks ago

When citizen's liberty is in question, lower courts should decide pre-arrest bail pleas quickly: Bombay HC

New Indian Express  

MUMBAI: The Bombay High Court on Tuesday said when the question of liberty of a citizen is involved, it is necessary that the lower courts take up and decide applications seeking anticipatory bail either finally or at least for grant of interim protection in an expeditious manner. If the lower courts do not decide such matters, then the high court …

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

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 15 - July 21, 2024
5 months ago

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 15 - July 21, 2024

Live Law  

Nominal Index: Shameem Ahmad Shah Vs UT of J&K 2024 LiveLaw 185 Mohammad Sultan Najar Vs UT of J&K 2024 LiveLaw 186 Nisar Ahmad Rather Vs Tahir Ahmad Reshi 2024 LiveLaw 187 State through Executive Engineer PHE Division, Doda Vs Sakina Begum 2024 LiveLaw 188 Din Mohd Vs Shokat Ali 2024 LiveLaw 189 Ghulam Mohiudin Lone Vs UT of J&K …

J&K High Court Imposes 10K Cost On DM Jammu For 'Unjustifiable' Preventive Detention Order
5 months, 1 week ago

J&K High Court Imposes 10K Cost On DM Jammu For 'Unjustifiable' Preventive Detention Order

Live Law  

The High Court of Jammu & Kashmir and Ladakh has sharply criticized a preventive detention order issued under the Jammu and Kashmir Public Safety Act, 1978, and imposed a ₹10,000 fine on the District Magistrate Jammu, personally, citing "unjustifiable" grounds for the detention. The court described the detention order as based on the “twisted reasoning and thought process of the …

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 …

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 …

[UAPA] Framing Charges By Itself Is Not Sufficient To Deny Bail: J&K High Court Grants Bail To Woman Accused Of Harboring Terrorist
8 months, 4 weeks ago

[UAPA] Framing Charges By Itself Is Not Sufficient To Deny Bail: J&K High Court Grants Bail To Woman Accused Of Harboring Terrorist

Live Law  

Granting bail to a woman accused of harbouring a terrorist the Jammu and Kashmir and Ladakh High Court has observed that framing charges under stringent anti-terror laws is not enough to deny bail if the accused presents a case for release. In allowing her plea for bail a Division bench comprising Justices Tashi Rabstan & Puneet Gupta observed, “The framing …

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 …

Engaged In Anti-National Activities Since Tender Age: J&K High Court Upholds Detention Of Alleged Dukhtaran-e-Milat Operative
1 year, 4 months ago

Engaged In Anti-National Activities Since Tender Age: J&K High Court Upholds Detention Of Alleged Dukhtaran-e-Milat Operative

Live Law  

The Jammu and Kashmir High Court has upheld a preventive detention order issued against Haseena Akhter who is allegedly associated with the banned outfit Dukhtaran-e-Milat. Justice M.A Chowdhary upheld the detention order upon finding that the detenu was involved in anti-national activities from a young age and her activities posed a potential threat to the security of the State, justifying …

Jammu & Kashmir High Court Upholds Preventive Detention Of Alleged Leader Of Banned Organization Jamat-e-Islami
1 year, 4 months ago

Jammu & Kashmir High Court Upholds Preventive Detention Of Alleged Leader Of Banned Organization Jamat-e-Islami

Live Law  

The Jammu and Kashmir High Court has upheld the preventive detention order issued against Ab. The respondents vehemently resisted the petition, arguing that preventive detention under the Public Safety Act aims to prevent individuals from engaging in anti-national or anti-social activities that could endanger public order. Delving into the merits of the case the bench acknowledged that the right to …

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 …

'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 …

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 …

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 …

High court rejects arrest shield for Bihar IPS officer on the run, Aditya Kumar
1 year, 9 months ago

High court rejects arrest shield for Bihar IPS officer on the run, Aditya Kumar

Hindustan Times  

PATNA: The Patna high court has rejected a petition for anticipatory bail filed by a suspended 2011-batch Indian Police Service officer Aditya Kumar and told him to surrender within the next four weeks. The Patna high court has rejected a petition for anticipatory bail filed by a suspended IPS officer Aditya Kumar “Considering the facts and circumstances of case as …

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 …

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 …

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

[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 …

Bail Can't Be Denied Merely Because Numerous FIRs Are Registered Against A Person Unless Prima Facie Involvement Shown: J&K&L High Court
2 years, 2 months ago

Bail Can't Be Denied Merely Because Numerous FIRs Are Registered Against A Person Unless Prima Facie Involvement Shown: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that merely because a number of FIRs stand registered against a person he cannot be denied concession of bail, particularly, when his involvement in commission of a non-bailable offence is not prima facie shown from the contents of the FIR. Deciding the contentions raised by the parties, Justice Dhar observed …

Jammu and Kashmir cop lynching | NIA court grants bail to 17 accused
2 years, 3 months ago

Jammu and Kashmir cop lynching | NIA court grants bail to 17 accused

The Hindu  

A special National Investigation Agency court in Srinagar has granted bail to 17 persons accused of lynching a police officer in 2017 outside Jamia Masjid. Manhas, while allowing the bail application on Wednesday, said there were no reasonable grounds to believe that the accused were guilty of lynching deputy Superintendent of Police Mohammad Ayoub Pandit. In the present case after …

Person Arrested Under UAPA Has Bleak Chances Of Bail, Detaining Authority Must Show Compelling Reasons For His Preventive Detention: J&K&L High Court
2 years, 4 months ago

Person Arrested Under UAPA Has Bleak Chances Of Bail, Detaining Authority Must Show Compelling Reasons For His Preventive Detention: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated that preventive detention orders can be passed even when a person is in police custody. The petitioner had challenged the impugned order of detention on the ground that at the time when the impugned order of detention was passed, he was already in custody in connection with FIR for offences …

Deep Appreciation Of Facts Not Required At Stage Of Framing Charges: J&K&L High Court
2 years, 4 months ago

Deep Appreciation Of Facts Not Required At Stage Of Framing Charges: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently observed that while considering a case for charge or discharge of an accused, the court is not required to enter into deeper appreciation of the facts. At the stage of framing of charge, the court has only to consider the material for framing opinion as to whether prima facie offence is …

Even If Prima Facie Case Is Established, Bail Overrides Pre-Trial Punishment: J&K&L High Court
2 years, 4 months ago

Even If Prima Facie Case Is Established, Bail Overrides Pre-Trial Punishment: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that even if prima facie case is established against an accused, the approach of the court in granting bail should be that the accused should not be detained by way of punishment as pre-trial punishment as the same clearly falls foul of the principles of criminal jurisprudence. Elaborating on the …

Juvenile Apprehending Arrest May 'Suo Moto' Appear Before JJ Board To Seek Bail: Punjab & Haryana High Court
2 years, 4 months ago

Juvenile Apprehending Arrest May 'Suo Moto' Appear Before JJ Board To Seek Bail: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court while dealing with a case involving juvenile in conflict with law who allegedly committed offences punishable under Sections 379-B, 427, 511 of the IPC, held that if the juvenile in conflict with law suo motu makes appearance before Juvenile Justice Board concerned in respect of the petition offences, thereupon the said appearance would be …

Anticipatory Bail Plea Not Maintainable By Person Already Enlarged On Bail As He Is Under Constructive Custody: J&K&L High Court
2 years, 5 months ago

Anticipatory Bail Plea Not Maintainable By Person Already Enlarged On Bail As He Is Under Constructive Custody: J&K&L High Court

Live Law  

The Jammu & Kashmir & Ladakh High Court today reiterated that a person released on bail is already construed to be the in constructive custody and if the law requires him to come back to custody for specified reasons, the application for anticipatory bail will not lie. It was further brought to the notice of the court that the petitioner …

Refrain Approaching High Court Directly U/S 438 CrPC Before Exhausting Remedy Before Sessions Court, Unless Exceptional Circumstances: J&K&L HC
2 years, 6 months ago

Refrain Approaching High Court Directly U/S 438 CrPC Before Exhausting Remedy Before Sessions Court, Unless Exceptional Circumstances: J&K&L HC

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that although Section 438 of the CrPC gives concurrent jurisdiction to High Court and Sessions Court to consider an anticipatory bail application of an accused yet, as a matter of ordinary practice, High Court does not entertain such applications unless the person apprehending arrest has exhausted the remedy before the …

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 …

'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 …

"Young Police Officer Lynched To Death By Mob Putting Humanity, Spirit Of Kashmiriyat To Shame": Jammu & Kashmir HC Denies Bail To Accused
3 years, 3 months ago

"Young Police Officer Lynched To Death By Mob Putting Humanity, Spirit Of Kashmiriyat To Shame": Jammu & Kashmir HC Denies Bail To Accused

Live Law  

The Jammu & Kashmir and Ladakh High Court has denied bail to a man accused of lynching a Deputy S.P. of 3rd Battalion Security after observing that his act has put humanity and spirit of Kashmiriyat to shame.Calling it a heinous and serious offence, Chief Justice Pankaj Mithal and Justice Sanjay Dhar observed:"It is a case where a young police …

'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 …

Jammu & Kashmir High Court Issues Notice On Plea Challenging Maximum Preventive Detention Period Under Public Safety Act
3 years, 10 months ago

Jammu & Kashmir High Court Issues Notice On Plea Challenging Maximum Preventive Detention Period Under Public Safety Act

Live Law  

The Jammu and Kashmir High Court has issued notice to the UT administration on a PIL challenging the constitutional validity of Section 18 of the Public Safety Act, 1978. Therefore Section 18 of the Public Safety Act of 1978 which was earlier saved from the applicability of Article 22 will no longer remain the same and due to the applicability …

Keeping Accused In Custody As Offences Alleged To Be Committed Are 'Serious' Would Amount To Inflicting Pre-Trial Punishment: Jammu & Kashmir HC
3 years, 11 months ago

Keeping Accused In Custody As Offences Alleged To Be Committed Are 'Serious' Would Amount To Inflicting Pre-Trial Punishment: Jammu & Kashmir HC

Live Law  

The Jammu and Kashmir High Court has made it clear that an accused cannot be kept in custody merely for the reason that the offence alleged to have committed by him is of serious nature. "Allowing the petitioner to remain in custody because of the reason that the offences alleged to have been committed by him are serious in nature, …

'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 …

Reliance Of Both 'Security Of The State' And 'Maintenance Of Public Order' Which Are Distinct Concepts Reflect Non-Application Of Mind By The Detaining Authority : J&K HC
4 years, 3 months ago

Reliance Of Both 'Security Of The State' And 'Maintenance Of Public Order' Which Are Distinct Concepts Reflect Non-Application Of Mind By The Detaining Authority : J&K HC

Live Law  

The Srinagar Bench of the Jammu & Kashmir High Court quashed a detention order detaining Fayaz Ahmed Mir of Pulwama under Section 8 of the Jammu & Kashmir Public Safety Act, 1978. He referred the Court to the twin activities mentioned in the detention order namely "Maintenance of Public Order" and "the Security of the State" as proof of non-application …

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