Whether Request For Extension Of Pre-Charge Detention Under UAPA Should Meet The 'Threshold Of Impossibility'? Delhi HC To Examine
3 years ago

Whether Request For Extension Of Pre-Charge Detention Under UAPA Should Meet The 'Threshold Of Impossibility'? Delhi HC To Examine

Live Law  

The Delhi High Court on Friday issued notice on a petition involving a question of law as to whether the request for extension of period of investigation and pre-charge detention under proviso to Section 43D of Unlawful Activities Act should meet the threshold of "impossibility".The proviso sates:"if it is not possible to complete the investigation within the said period. The Delhi High Court on Friday issued notice on a petition involving a question of law as to whether the request for extension of period of investigation and pre-charge detention under proviso to Section 43D of Unlawful Activities Act should meet the threshold of "impossibility". On December 8, another application seeking extension of period of investigation was filed wherein the Special Judge vide impugned order dated December 9, 2021 granted an extension till February 11, 2021. "That the higher threshold of "impossibility" has been inserted for good reasons since the UAPA being a special act already grants an extraordinarily long period of 90 days for pre-charge detention of the accused, which is an exception in criminal justice jurisprudence.

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History of this topic

Order Rejecting Plea For Extension Of Investigation Period From Initial 90 To 180 Days Under UAPA Appealable, Not Interlocutory: Delhi HC
5 days, 8 hours ago

Order Rejecting Plea For Extension Of Investigation Period From Initial 90 To 180 Days Under UAPA Appealable, Not Interlocutory: Delhi HC

Live Law  

The Delhi High Court has recently held that an order rejecting the application for extension of period of investigation from initial 90 to 180 days under Section 43D of UAPA is an appealable order and not an interlocutory order. A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma said that the finality attached to such an …

UAPA | Error In Order Extending Time For Investigation No Ground For Default Bail When Chargesheet Has Been Filed : Supreme Court
1 week, 2 days ago

UAPA | Error In Order Extending Time For Investigation No Ground For Default Bail When Chargesheet Has Been Filed : Supreme Court

Live Law  

The Supreme Court recently set aside an order of the Punjab and Haryana High Court dated May 12, 2023, for granting default bail under Unlawful Activities, 1967 on grounds that the accused persons should benefit from default bail in the absence of lack of competent order whereby time was extended for the investigation agency to file chargesheet. A bench of …

UAPA no exception to the rule on bail
4 months, 1 week ago

UAPA no exception to the rule on bail

Hindustan Times  

Time and again, the Supreme Court has pronounced that bail is the rule and jail the exception. The fact is that the UAPA, which was meant to be an anti-terror law, has been crafted in such a way that conditions that ordinarily merit grant of bail do not suffice. In February this year, the SC, in another matter where it …

[UAPA] Investigating Agency Cannot Seek Extension Of Time For Filing Chargesheet Citing Lack Of Sanction: Bombay High Court
5 months ago

[UAPA] Investigating Agency Cannot Seek Extension Of Time For Filing Chargesheet Citing Lack Of Sanction: Bombay High Court

Live Law  

The Bombay High Court has held that the investigating agency under the Unlawful Activitives Prevention Act cannot seek an extension in filing the chargesheet citing the lack of sanction. The judges further held that in such a scenario, an investigating agency cannot seek extension of time to file chargesheet on the ground that it has to obtain the mandatory sanction …

Kavitha seeks ‘default bail’ in CBI case
5 months, 2 weeks ago

Kavitha seeks ‘default bail’ in CBI case

New Indian Express  

NEW DELHI: BRS leader K Kavitha on Monday submitted a default bail application before the Rouse Avenue Court contending that the Central Bureau of Investigation failed to file a complete chargesheet within the mandated 60-day investigation period in the Delhi excise policy-linked corruption case. Special Judge Kaveri Baweja has directed the central agency to file its response to the plea, …

Supreme Court limits ED’s power to arrest PMLA accused
7 months, 1 week ago

Supreme Court limits ED’s power to arrest PMLA accused

The Hindu  

The Supreme Court on Thursday gave a fillip to the right to personal liberty by holding that a person summoned by a designated special court under the Prevention of Money Laundering Act, is presumed to be not in custody and need not apply for bail under the draconian conditions posed by the anti-money laundering law. “If the accused appears before …

Allahabad HC Quashes Criminal Case Against SP Leader Accused Of Canvassing For Father Sans Permission During 2022 UP Polls
8 months ago

Allahabad HC Quashes Criminal Case Against SP Leader Accused Of Canvassing For Father Sans Permission During 2022 UP Polls

Live Law  

The Allahabad High Court last week quashed criminal proceedings in connection with a case against a Samajwadi Party leader and former UP Minister's daughter, Shreya Verma, who was accused of canvassing for his father in the Uttar Pradesh Vidhansabha elections of 2022 without obtaining the necessary permission. It was the contention of the counsel appearing for Verma that the impugned …

Delhi Police file charge sheet against NewsClick in UAPA case
8 months, 3 weeks ago

Delhi Police file charge sheet against NewsClick in UAPA case

The Hindu  

The Delhi Police on March 30 filed its first chargesheet against news portal NewsClick and its founder Prabir Purkayastha, in a case lodged under the provisions of the Unlawful Activities Act, 1967, following allegations that they received funds through Chinese firms to spread pro-China propaganda. The chargesheet against NewsClick came nearly six months after the Delhi Police arrested Mr. Purkayastha …

HC seeks Delhi Police's response on Sharjeel Imam's bail plea in sedition case
9 months, 1 week ago

HC seeks Delhi Police's response on Sharjeel Imam's bail plea in sedition case

New Indian Express  

NEW DELHI: The Delhi High Court on Monday sought the response of Delhi Police on a plea moved by activist Sharjeel Imam challenging a trial court order refusing him statutory bail in a case under the anti-terror law UAPA and sedition case. Issuing notice in the plea, a division bench headed by Justice Suresh Kumar Kait posted the matter for …

Delhi court rejects bail plea of Sharjeel Imam in sedition case
10 months ago

Delhi court rejects bail plea of Sharjeel Imam in sedition case

Hindustan Times  

New Delhi: A Delhi court on Saturday denied statutory bail to Sharjeel Imam in a sedition case filed against him for allegedly giving inflammatory speeches at various places in Delhi, including at Delhi’s Jamia area and Aligarh Muslim University, during the anti-CAA protests in 2019-2020. Sharjeel Imam was arrested in January 2020 Imam had moved the court under section 436A …

Supreme Court Refuses To Entertain Petition Challenging Validity Of Section 15 JJ Act; Liberty Granted To Approach HC
11 months, 2 weeks ago

Supreme Court Refuses To Entertain Petition Challenging Validity Of Section 15 JJ Act; Liberty Granted To Approach HC

Live Law  

The Supreme Court bench on Monday dismissed a petition challenging the constitutionality of S.15 of the Juvenile Justice Act, 2015 which provided for a preliminary assessment of Juveniles above the age of 16, charged with heinous crimes. The advocate contended that through the petition they endeavoured to challenge certain retrogressive amendments to the JJ Act “which is leading to a …

NewsClick Case | Supplying Grounds Of Arrest In Writing Not Necessary Under UAPA : Delhi Police To Supreme Court
1 year ago

NewsClick Case | Supplying Grounds Of Arrest In Writing Not Necessary Under UAPA : Delhi Police To Supreme Court

Live Law  

A bench of Justices BR Gavai, PS Narasimha, and Prashant Kumar Mishra was hearing the special leave petitions by the duo assailing a decision of the Delhi High Court upholding their arrest by the Delhi Police in a case under the Unlawful Activities Act over alleged Chinese funding to promote anti-national propaganda. Pointing to the Pankaj Bansal ruling in which …

Bill to replace CrPC: Panel may propose no handcuffs in financial crimes
1 year, 1 month ago

Bill to replace CrPC: Panel may propose no handcuffs in financial crimes

Hindustan Times  

The parliamentary standing committee on home affairs is likely to suggest that economic offenders not be handcuffed while being taken into custody as part of its recommendations into the Bharatiya Nagrik Suraksha Sanhita that seeks to replace the British-era Code of Criminal Procedure, people aware of developments said on Tuesday. The BNSS was part of three bills – the Bharatiya …

Delhi High Court Denies Bail To Man Booked Under UAPA In J&K Larger Conspiracy Case
1 year, 3 months ago

Delhi High Court Denies Bail To Man Booked Under UAPA In J&K Larger Conspiracy Case

Live Law  

The Delhi High Court on Friday dismissed an appeal against the Trial Court order denying bail to Suhail Ahmad Thokar, one of the accused charged under the Unlawful Activities Act, 1967, in connection with the Jammu and Kashmir “larger conspiracy” case post revocation of Article 370 of the Constitution of India. “Resultantly, after due consideration of the provisions of the …

Personal liberty of undertrial can’t be curtailed for indefinite period: Delhi HC
1 year, 6 months ago

Personal liberty of undertrial can’t be curtailed for indefinite period: Delhi HC

The Hindu  

The Delhi High Court has observed that imprisonment at the stage of trial cannot be prolonged only for the purpose of “teaching the accused a lesson”, as it granted bail to an accused in a kidnapping case. Merely because the offence is of a serious nature cannot be the ground to curtail the personal liberty of an undertrial for an …

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances
1 year, 6 months ago

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances

Live Law  

The Calcutta High Court has made it clear that Section 160 of the CrPC which empowers the police to require attendance of witnesses cannot be misused to take coercive steps against persons not connected with the alleged offence. While hearing a plea filed by persons claiming to be the relatives and acquaintances of West Bengal’s Leader of Opposition, Suvendhu Adhikari, …

Further Detention Invalid If Extension Order For Submitting Final Report Under Section 173 CrPC Itself Is Set Aside: Punjab And Haryana High Court
1 year, 6 months ago

Further Detention Invalid If Extension Order For Submitting Final Report Under Section 173 CrPC Itself Is Set Aside: Punjab And Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that further detention of an accused becomes unlawful if an order granting extension to submit the final report under Section 173 of the Criminal Procedure Code itself is overturned. The Investigating Officer sought an extension of time to submit the report under Section 173 of the CrPC, as the initial 180-day period …

Gujarat High Court Upholds Trial Court's Decision To Not Discharge Ex-IAS Officer Pradeep Sharma In Money Laundering Case, Orders Expeditious Trial
1 year, 9 months ago

Gujarat High Court Upholds Trial Court's Decision To Not Discharge Ex-IAS Officer Pradeep Sharma In Money Laundering Case, Orders Expeditious Trial

Live Law  

The Gujarat High Court recently refused to interfere with the order of trial court rejecting former IAS Officer Pradeep Sharma's application for discharge in a case under Prevention of Money Laundering Act. The single judge bench of Justice Samir J. Dave observed: “While rejecting the discharge application of the applicant, learned trial court has specifically observed that on the basis …

'Oppressive & Unwarranted': Allahabad HC Quashes Criminal Proceedings Pending For 18 Yrs Against An Electricity Theft Accused
1 year, 11 months ago

'Oppressive & Unwarranted': Allahabad HC Quashes Criminal Proceedings Pending For 18 Yrs Against An Electricity Theft Accused

Live Law  

The Allahabad High Court on Thursday quashed criminal proceedings pending for 18 years against a man accused of committing electricity theft by terming the inordinate delay in the trial as oppressive and unwarranted.Holding that the fundamental right to speedy trial of the accused-Madan Mohan Saxena had been violated in the case, the bench of Justice Sameer Jain quashed the chargesheet …

Section 438(4) CrPC | No Bar Against Filing Pre-Arrest Bail Plea In FIR U/S 376(3) IPC When Alleged Incident Happened Prior To 2018 Amendment: Delhi HC
1 year, 11 months ago

Section 438(4) CrPC | No Bar Against Filing Pre-Arrest Bail Plea In FIR U/S 376(3) IPC When Alleged Incident Happened Prior To 2018 Amendment: Delhi HC

Live Law  

The Delhi High Court has observed that there is no bar to file anticipatory bail under section 438 of CrPC in an FIR registered under section 376 of Indian Penal Code, 1860 when the alleged incident happened prior to introduction of the Criminal Law Act, 2018.Justice Jasmeet Singh made the observation while denying anticipatory bail to a father accused of …

MCOCA | Refusal Of Sanction To Prosecute Does Not Invalidate Extension Of Judicial Custody Given By Special Court: Bombay High Court
1 year, 11 months ago

MCOCA | Refusal Of Sanction To Prosecute Does Not Invalidate Extension Of Judicial Custody Given By Special Court: Bombay High Court

Live Law  

Once the court extends the judicial custody of an accused, the refusal of sanction to prosecute will not invalidate the extension of custody, the Bombay High Court has held while refusing to grant default bail in a case under the Maharashtra Control of Organised Crime Act, 1999. Though the petitioners applied for bail 30 minutes before the charge sheet was …

"Domain Of Disciplinary Authority": Delhi HC Stays Trial Court Order Recommending SHO's Suspension Over Poor Conduct In POCSO Case
2 years, 3 months ago

"Domain Of Disciplinary Authority": Delhi HC Stays Trial Court Order Recommending SHO's Suspension Over Poor Conduct In POCSO Case

Live Law  

The Delhi High Court has stayed a Trial Court order recommending suspension of SHO of Kalkaji Police Station and also calling for strict disciplinary action against him, over his non appearance and failure to produce victim in a case registered under Protection of Children from Sexual Offences Act.Justice Anoop Kumar Mendiratta stayed the order till November 25, observing that. The …

Delayed Institution Of Police Report Does Not Threaten Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court
2 years, 3 months ago

Delayed Institution Of Police Report Does Not Threaten Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has made it clear that delay on part of investigating agency in filing the charge sheet does not attract Section 468 CrPC, which prescribes bar on taking cognizance after lapse of the period of limitation.The bench comprising Justice Sureshwar Thakur observed that if delays in investigations made into the FIR are construed to fall …

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices
2 years, 4 months ago

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices

Live Law  

The Andhra Pradesh High Court recently disposed of two applications for anticipatory bail in separate cases, while directing the state Police to ensure that the procedure and guidelines issued by the Supreme Court in Arnesh Kumar v. State of Bihar are complied with before effecting arrest.The judgment obligates the Police to issue notice of appearance under Section 41-A CrPC in …

Section 436A CrPC Applicable To Special Acts In Absence Of Any Specific Provision : Supreme Court
2 years, 5 months ago

Section 436A CrPC Applicable To Special Acts In Absence Of Any Specific Provision : Supreme Court

Live Law  

The Supreme Court observed that Section 436A of the Code of Criminal Procedure would apply to the Special Acts also in the absence of any specific provision.The bench comprising Justices Sanjay Kishan Kaul and MM Sundresh also added that this provision requires mandatory compliance and there is not even a need for a bail application in a case of this …

Section 167(2) CrPC- Investigating Agency Can't Curtail Accused' Right To Default Bail By Invoking Graver Charges: Bombay High Court
2 years, 7 months ago

Section 167(2) CrPC- Investigating Agency Can't Curtail Accused' Right To Default Bail By Invoking Graver Charges: Bombay High Court

Live Law  

The Bombay High Court has made it clear that an investigating agency cannot thwart the right to default bail of an accused by merely invoking graver charges. Justice CV Bhadang observed, The question arose as the charge under Section 409 IPC, which would extend the period of investigation to 90 days, was added against the accused days before expiry of …

"This Is Ilegal Detention" : Delhi High Court Pulls Up MHA For Not Giving Premature Release To Prisoner Despite Order
2 years, 8 months ago

"This Is Ilegal Detention" : Delhi High Court Pulls Up MHA For Not Giving Premature Release To Prisoner Despite Order

Live Law  

The Delhi High Court on Wednesday pulled up the Union Ministry of Home Affairs for not complying with an order passed way back in January 2021 for granting premature release to a prisoner.A bench of Justice Subramonium Prasad warned that the MHA Secretary will be summoned personally to show-cause for not initiating contempt action, if the order is not complied …

Custodial Interrogation An Effective Method Of Crime Solving But Personal Liberty Has To Be Balanced: Delhi HC Grants Pre-Arrest Bail In Cheating Case
2 years, 8 months ago

Custodial Interrogation An Effective Method Of Crime Solving But Personal Liberty Has To Be Balanced: Delhi HC Grants Pre-Arrest Bail In Cheating Case

Live Law  

The Delhi High Court has observed that while custodial interrogation of a suspect is one of the basic and effective methods of crime solving, the liberty of an individual also needs to be balanced out.Justice Asha Menon was dealing with a plea seeking anticipatory bail in connection with an FIR registered under sec. The Delhi High Court has observed that …

Framing Of Charges | Investigation Into Offence & Elaborate Appreciation Of Evidence Discouraged, Only Prima Facie Material Significant: Delhi HC
2 years, 8 months ago

Framing Of Charges | Investigation Into Offence & Elaborate Appreciation Of Evidence Discouraged, Only Prima Facie Material Significant: Delhi HC

Live Law  

The Delhi High Court has observed that an investigation into the offence and elaborate appreciation of evidence is not required and is rather discouraged at the stage of framing of charges and that only the material prima facie establishing a case against or in favour of the accused is what is significant.Justice Chandra Dhari Singh added that as per the …

TMC MP Abhishek Banerjee Moves Supreme Court Against Delhi HC's Refusal To Quash ED Summons
2 years, 8 months ago

TMC MP Abhishek Banerjee Moves Supreme Court Against Delhi HC's Refusal To Quash ED Summons

Live Law  

The Supreme Court on Tuesday agreed to hear next week the plea filed by All India Trinamool Congress MP Abhishek Banerjee and his wife challenging Delhi High Court's order refusing to quash summons issued to them by Enforcement Directorate in connection with West Bengal coal scam case.The impugned order also dismissed the plea by Banerjee's wife Rujira Banerjee assailing the …

Writ To Compel Police To Conduct Investigation Can Be Denied For Not Exhausting Alternative & Efficacious Remedy Under CrPC: Delhi High Court
2 years, 9 months ago

Writ To Compel Police To Conduct Investigation Can Be Denied For Not Exhausting Alternative & Efficacious Remedy Under CrPC: Delhi High Court

Live Law  

The Delhi High Court has observed that a writ to compel police to conduct an investigation can be denied for not exhausting the alternative and efficacious remedy available under the provisions of the Code of Criminal Procedure. Justice Chadra Dhari Singh however added that such writ may be denied unless the exceptions enumerated in the decision of Apex Court in …

Centre defends in SC PMLA provision relating to power to arrest
2 years, 9 months ago

Centre defends in SC PMLA provision relating to power to arrest

The Hindu  

The Centre Tuesday defended in the Supreme Court the Prevention of Money Laundering Act provision relating to power to arrest saying adequate “safeguards” are provided in it and relevant records, including grounds for arrest and the material on the basis of which the conclusion has been arrived at, are placed before the concerned court for its perusal. The government told …

Accused Can't Be Kept In Custody Indefinitely: Delhi High Court Grants Bail In Rs. Two Crore Cheating Case
2 years, 10 months ago

Accused Can't Be Kept In Custody Indefinitely: Delhi High Court Grants Bail In Rs. Two Crore Cheating Case

Live Law  

The Delhi High Court has observed that an accused person cannot be kept in custody indefinitely when the right to speedy trial is a concomitant of Article 21 of the Constitution of India. Justice Subramonium Prasad observed thus:"When right to speedy trial is a concomitant of Article 21 of the Constitution of India, it can be presumed that one the …

Chapter XXIA CrPC | Provisions Of Plea Bargaining Applicable To Offences U/S 132 & 135 Of Customs Act: Delhi High Court
2 years, 10 months ago

Chapter XXIA CrPC | Provisions Of Plea Bargaining Applicable To Offences U/S 132 & 135 Of Customs Act: Delhi High Court

Live Law  

In a case concerning illegal smuggling of gold by two Kazakh nationals, the Delhi High Court upheld the plea bargain reached between the Smuggler Respondent, Consul at the Kazakh Embassy, Air Customs Officer, and Senior SPP for the Customs Department vide Mutually Satisfactory Declaration. The Petitioner viz, Customs Department, Government of India appealed before the Delhi High Court against the …

Delhi High Court Disposes PIL Seeking Enforcement Of S.173 CrPC For Completing Probe In Rape Cases Within 2 Months
2 years, 11 months ago

Delhi High Court Disposes PIL Seeking Enforcement Of S.173 CrPC For Completing Probe In Rape Cases Within 2 Months

Live Law  

The Delhi High Court recently refused to entertain a PIL against alleged non-compliance of Section 173 of Code of Criminal Procedure, to the extent it provides for expeditious completion of investigation in rape cases.Section 173 was amended in 2008 to provide that investigation for the rape of child may be completed within 3 months from the date on which the …

Filing Supplementary Challan Should Not Be Deferred Merely Because Anticipatory Bail Application Is Pending: Punjab & Haryana High Court
2 years, 11 months ago

Filing Supplementary Challan Should Not Be Deferred Merely Because Anticipatory Bail Application Is Pending: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has recently held that filing of a supplementary Challan under Section 173 of CrPC cannot be deferred merely because an anticipatory bail application is pending. Justice Gurvinder Singh Gill, while taking note of a large number of cases where investigation agency/prosecution choose to not file the supplementary challan against an accused if an application …

Section 45 of PMLA Will Apply Only If a Person Is Arrested by the Directorate of Enforcement: Delhi Court
2 years, 11 months ago

Section 45 of PMLA Will Apply Only If a Person Is Arrested by the Directorate of Enforcement: Delhi Court

Live Law  

A Delhi Court recently while granting bail to the Accused Persons in case concerning with the commission of offences under section Prevention of Money Laundering Act, observed that the provisions of Section 45 of PMLA will only apply if a person has been arrested by the Directorate of Enforcement. Senior Advocate Mr. Pramod Kumar Dubey, appearing for the Accused persons …

UAPA- Period Of Deprivation Of Personal Liberty Pending Trial Cannot Be Unduly Long: Supreme Court Grants Bail To Accused
3 years ago

UAPA- Period Of Deprivation Of Personal Liberty Pending Trial Cannot Be Unduly Long: Supreme Court Grants Bail To Accused

Live Law  

The Supreme Court observed that period of deprivation of personal liberty pending trial/appeal cannot be unduly long.Once it is obvious that a timely trial would not be possible and the accused has suffered incarceration for a significant period of time, the Courts would ordinarily be obligated to enlarge him on bail, the bench comprising Justices Ajay Rastogi and Abhay S. …

Delhi High Court Stays Action Against Police Officials For Filing Two Distinct Chargesheets In Minor Rape Case
3 years ago

Delhi High Court Stays Action Against Police Officials For Filing Two Distinct Chargesheets In Minor Rape Case

Live Law  

The Delhi High Court on Friday stayed a trial court order directing legal action against an Investigating Officer and SHO for filing two distinct chargesheets in a minor rape case. Justice Anu Malhotra, who sought status report from the Delhi Police, stayed the operation of the order dated 24th November 2021 wherein the Sessions Court had observed that the action …

"Didn't Impersonate Himself As Lawyer": Allahabad HC Stays Arrest Of Law Intern Who Stood In For His Senior Before Tribunal
3 years, 1 month ago

"Didn't Impersonate Himself As Lawyer": Allahabad HC Stays Arrest Of Law Intern Who Stood In For His Senior Before Tribunal

Live Law  

The Allahabad High Court last week stayed the arrest of a law intern who stood in before a tribunal for his senior, under whom he was interning and sought adjournment in a case, and thereafter, charged for the offence of cheating by personation.The Bench of Justice Devendra Kumar Upadhyaya and Justice Saroj Yadav prima facie noted that the petitioner over-zealously …

"Tahir Hussain's Plea Challenging UAPA Charges In Riots Case Is Nothing But An Attempt To Short Circuit And Stall The Trial": Delhi Police To High Court
3 years, 2 months ago

"Tahir Hussain's Plea Challenging UAPA Charges In Riots Case Is Nothing But An Attempt To Short Circuit And Stall The Trial": Delhi Police To High Court

Live Law  

The Delhi Police has told Delhi High Court that the petition moved by former Aam Aadmi Party Councillor Tahir Hussain challenging the UAPA charges invoked against him in connection with the Delhi Riots larger conspiracy case, is nothing but an attempt to short circuit and stall the trial.Hussain had also sought quashing of sanction granted in the matter.In the reply …

"IO's Request Can't Substitute Public Prosecutor's Report To Extend Detention Period Under UAPA Beyond 90 Days": J&K&L High Court
3 years, 4 months ago

"IO's Request Can't Substitute Public Prosecutor's Report To Extend Detention Period Under UAPA Beyond 90 Days": J&K&L High Court

Live Law  

In a significant ruling, the Jammu & Kashmir and Ladakh High Court recently held that the request of an Investigating officer for extension of time can't be a substitute for the report of the public prosecutor under the provisions of Section 43D of UAP Act. It may be noted that Section 43D of the ULA Act states that if the …

Consider Deletion Of Condition Prohibiting Consideration Of Premature Release, If No Application/Request Presented: Allahabad HC To UP Govt.
3 years, 8 months ago

Consider Deletion Of Condition Prohibiting Consideration Of Premature Release, If No Application/Request Presented: Allahabad HC To UP Govt.

Live Law  

The Allahabad High Court on Monday asked the Government of Uttar Pradesh to delete a provision from its policy framed for release of life convicts. The matter before the Court The Court was hearing the plea of a petitioner who sought quashing of an order dated 2nd March 2020 passed by the State refusing to release the petitioner under Section …

Delhi High Court Extends Interim Bails Granted To 3499 Undertrial Prisoners For Further 15 Days
3 years, 9 months ago

Delhi High Court Extends Interim Bails Granted To 3499 Undertrial Prisoners For Further 15 Days

Live Law  

The Delhi High Court further extended for 15 days the interim bails granted to 3499 undertrial prisoners expiring with effect from 20th February 2021. A division bench comprising of Justices Siddharth Mridul and Talwant Singh delivered the order after the High Powered Committee vide its meeting dated 17th February 2021 decided not to recommend further extension of interim. A division …

Delhi HC DB To Hear Plea Seeking To Transfer Work Of Chargesheet Scrutiny From Prosecutors To Legal Division Of Police
3 years, 10 months ago

Delhi HC DB To Hear Plea Seeking To Transfer Work Of Chargesheet Scrutiny From Prosecutors To Legal Division Of Police

Live Law  

A single judge bench of Justice Prathiba Singh of Delhi High Court has marked and transferred to a division bench, a writ petition seeking the transfer of the work of scrutiny of chargesheets from public prosecutors to the legal division of the Delhi Police. Filed by the Delhi Prosecutors' Welfare Association, which identifies itself as a registered association of all …

UAPA- Delhi High Court Rejects Plea Against Extension Of Period Of Investigation And Detention Of 'Suspected Al-Qaeda Operatives'
3 years, 10 months ago

UAPA- Delhi High Court Rejects Plea Against Extension Of Period Of Investigation And Detention Of 'Suspected Al-Qaeda Operatives'

Live Law  

The High Court of Delhi on Thursday refused to set aside the Trial Court's order directing extension in the period of investigation and custody of the accused for a period of 45 days with directions to the investigating agency to expedite the investigation. A single Bench of Justice Rajnish Bhatnagar heard the plea by two accused NajmusSakib and Al Mamun …

Supreme Court Extends Stay Of Delhi HC Order Which Denied Extension Of Interim Bail To Undertrials
4 years ago

Supreme Court Extends Stay Of Delhi HC Order Which Denied Extension Of Interim Bail To Undertrials

Live Law  

The Supreme Court has extended the stay of the order of the Delhi High Court denying further extension of interim bails granted to undertrials, till the next the date of hearing.A bench comprising of Justice L. Nageswara Rao, Justice Hemant Gupta and Justice Ajay Rastogi posted the case for hearing on 21st January 2021.On October 20, 2020, the Delhi High …

Charge Of Attempt To Murder For Attending Tablighi Jamaat Congregation Prima Facie Abuse Of Process Of Law: Allahabad High Court
4 years ago

Charge Of Attempt To Murder For Attending Tablighi Jamaat Congregation Prima Facie Abuse Of Process Of Law: Allahabad High Court

Live Law  

The Bench of Justice Ajay Bhanot was hearing the plea of applicant-accused who contended before the Court that even if the evidence collected during the investigation as well as the FIR is taken on their face value, no offence is disclosed against the applicants. Importantly, the Counsel for the applicant contended that though the original charge sheet was drawn up …

Can CJM Extend Period Of Investigation For Case Registered Under UAPA?, Punjab & Haryana High Court To Examine [Read Order]
4 years, 1 month ago

Can CJM Extend Period Of Investigation For Case Registered Under UAPA?, Punjab & Haryana High Court To Examine [Read Order]

Live Law  

The Punjab and Haryana High Court has decided to examine whether a Chief Judicial Magistrate can grant extension of time to an investigating agency for completion of investigation in a criminal case registered under the provisions of the Unlawful Activities Prevention Act. The Petitioner's counsel, Advocate Saurav Bhatia had submitted that the since the Petitioner had been implicated under the …

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