Bail In Criminal Cases No Justification For Preventive Detention: J&K High Court Quashes Detention Order Against Ex-SMC Corporator
6 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 to deal with the situation” The case stemmed from a preventive detention order passed on October 4, 2023, by the District Magistrate of Srinagar, detaining Aqib Ahmad Renzu under the Public Safety Act. One of the key observations by the court was that the mere fact that Renzu had been admitted to bail in criminal cases did not justify his preventive detention.

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History of this topic

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

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

Live Law  

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

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

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

Live Law  

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

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

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

Live Law  

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

Preventive Detention Cannot Be Used As A Short-Cut Method When Cancellation Of Bail Is An Available Remedy: J&K High Court
2 weeks, 4 days ago

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

Live Law  

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

Preventive detention ‘draconian’ measure, needs safeguards: SC
2 weeks, 4 days ago

Preventive detention ‘draconian’ measure, needs safeguards: SC

Hindustan Times  

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

'Approach HC': Supreme Court Stays Arrest Of Samajwadi Party Trade Wing Chief In UP Police FIRs Over 'Objectionable' Posts
3 weeks, 2 days ago

'Approach HC': Supreme Court Stays Arrest Of Samajwadi Party Trade Wing Chief In UP Police FIRs Over 'Objectionable' Posts

Live Law  

Asking him to approach the Allahabad High Court for quashing/clubbing of FIRs, the Supreme Court today stayed for 2 weeks the arrest of Samajwadi Party trade wing chief Manish Jagan Agrawal who has been booked by Uttar Pradesh authorities over certain "objectionable" social media posts. "If the petitioner is already on bail, his arrest shall remain stayed for 2 weeks …

Anticipatory Bail Application Maintainable Against Arrest Under GST Act : Supreme Court Overrules Its Previous Judgments
3 weeks, 4 days ago

Anticipatory Bail Application Maintainable Against Arrest Under GST Act : Supreme Court Overrules Its Previous Judgments

Live Law  

The Supreme Court has overruled its previous decisions which held that anticipatory bail applications were not maintainable with respect to offences under the Goods and Services Tax Act.A three-judge bench comprising Chief Justice of India Sanjiv Khanna, Justice MM Sundresh and Justice Bela Trivedi overruled the two-judge bench judgments in State of Gujarat v. Choodamani Parmeshwaran Iyer. The Supreme Court …

If Peace-Loving Citizens Are Treated Harshly Under Preventive Detention Law, No 'Peace' Will Be Left: J&K HC Quashes Detention Order Of Journalist
1 month ago

If Peace-Loving Citizens Are Treated Harshly Under Preventive Detention Law, No 'Peace' Will Be Left: J&K HC Quashes Detention Order Of Journalist

Live Law  

The Jammu and Kashmir High Court has held that acts lacking a causal link with the imperative need to detain are liable to be quashed. Court noted that the allegations against the petitioner referenced old social media posts and news articles without proving an ongoing or imminent threat, rendering the preventive detention unsustainable. A bench of Justice Vinod Chatterji Koul …

J&K high court orders scribe’s release from jail
1 month ago

J&K high court orders scribe’s release from jail

Deccan Chronicle  

Srinagar: The Jammu and Kashmir and Ladakh High Court on Wednesday ordered for the release of prominent journalist and political commentator Majid Hyderi after quashing his detention under the Public Safety Act. Meanwhile, High Court has upheld the detention of former president of the J&K High Court Bar Association and separatists ideologue Mr. Qayoom by the J&K State Investigation Agency …

J&K HC quashes Kashmir journalist Majid Hyderi’s detention
1 month ago

J&K HC quashes Kashmir journalist Majid Hyderi’s detention

The Hindu  

The J&K High Court on Wednesday quashed the detention of Majid Hyderi, an independent journalist and television debater, after over 17 months of jail under the preventive detention law, Public Safety Act. Chatterjee quashed the order after hearing the plea, said advocate Mohammad Yousuf Bhat, who represented Mr. Hyderi. Before being slapped with the PSA – a law that allows …

SC pulls up ED for using PMLA to keep accused in jail
1 month, 1 week ago

SC pulls up ED for using PMLA to keep accused in jail

New Indian Express  

NEW DELHI: The Supreme Court has pulled up the ED for using the Prevention of Money Laundering Act to keep an accused in jail and questioned if the provision was "being misused" like the dowry law. A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan observed on Wednesday while granting bail to Arun Pati Tripathi, a former excise …

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: February 3 - February 10, 2025
1 month, 1 week ago

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: February 3 - February 10, 2025

Live Law  

Nominal Index: Rajinder Singh Vs Abdul Aziz 2025 LiveLaw 16 Abdul Gani Akhnoor vs State of J&K 2025 LiveLaw 17 Union Territory of Jammu and Kashmir vs Farman Ali 2025 LiveLaw 18 Rathika Pruthi vs Contonment Board thr. Chief Executive Officer 2025 LiveLaw 19 Tarun Bahl vs UT of J&K 2025 LiveLaw 20 Mohammad Amin Sheikh & Khalida Begum vs. …

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

High Court quashes preventive detention of Nanded resident accused of extortion

India Today  

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

Preventive Detention Can Be Ordered Regardless Of Prosecution, In Anticipation Of Discharge Or Acquittal: J&K High Court
1 month, 2 weeks ago

Preventive Detention Can Be Ordered Regardless Of Prosecution, In Anticipation Of Discharge Or Acquittal: J&K High Court

Live Law  

The Jammu and Kashmir High Court refused to quash the detention order passed by the Divisional Commissioner, Kashmir, observing that preventive detention does not overlap with the prosecution even if it relies on certain facts for which prosecution may have been launched. The court clarified that "An order of preventive detention may be made before or during prosecution, with or …

Assertion Of Accused Being Habitual Offender Not Sufficient For Preventive Detention, Must Establish Continuous Commission Of Offences: J&K High Court
Trending News
1 month, 2 weeks ago

Assertion Of Accused Being Habitual Offender Not Sufficient For Preventive Detention, Must Establish Continuous Commission Of Offences: J&K High Court

Live Law  

While setting aside a detention order, the J&K High Court held that preventive detention cannot be a punitive measure on the apprehension that the detenu is going to go scot-free in pending trials due to lack of support to the prosecution case. A bench of Justice Vinod Chatterji Kaul said that when the thread of connectivity between the last incident …

Police Resorted To Public Safety Act For 'Perverted Detention', To Outmanoeuvre Courts: J&K High Court Quashes Preventive Detention Order
1 month, 2 weeks ago

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

Live Law  

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

An Individual Can't Be Subjected To Preventive Detention Just Because They Participated In Political Rally Which Turned Violent: Bombay HC
1 month, 3 weeks ago

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

Live Law  

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

Kerala HC grants anticipatory bail to man booked under SC
2 months ago

Kerala HC grants anticipatory bail to man booked under SC

Op India  

The Malayalam expression “pulayadi mone,” which translates as “son of a prostitute,” is not considered a casteist slur that carries criminal penalties under the Scheduled Castes & Scheduled Tribes Act, 1989. The investigation also asserted that the offence under Section 3 had been committed, however, the bench countered that a violation under Section 3 of the Act would specify the …

Supreme Court Grants Interim Protection To Ex-IAS Officer Puja Khedkar, Issues Notice On Anticipatory Bail Plea
2 months, 1 week ago

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

Live Law  

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

Supreme Court orders no coercive action against Puja Khedkar till February 14 in UPSC cheating case
Top News
2 months, 1 week ago

Supreme Court orders no coercive action against Puja Khedkar till February 14 in UPSC cheating case

India TV News  

UPSC cheating case: The Supreme Court on Wednesday protected former IAS probationer Puja Khedkar, accused of cheating and wrongly availing OBC and disability quota benefits in the civil services examination, from arrest till February 14. A bench of Justices BV Nagarathna and Satish Chandra Sharma issued notice to the Delhi government and the Union Public Service Commission on Khedkar's plea …

'Main Mastermind, Funder Of Delhi Riots': Police Opposes Tahir Hussain's Interim Bail Plea To Contest Assembly Polls, High Court Reserves Order
Trending News
2 months, 1 week ago

'Main Mastermind, Funder Of Delhi Riots': Police Opposes Tahir Hussain's Interim Bail Plea To Contest Assembly Polls, High Court Reserves Order

Live Law  

The Delhi Police on Tuesday opposed the plea moved by former Aam Aadmi Party Councillor Tahir Hussain seeking interim bail in a 2020 North-East Delhi riots case in order to participate in the upcoming Assembly polls from Mustafabad constituency as a member of All India Majlis-e-Ittehadul Muslimeen party. ASG Chetan Sharma, along with SPP Rajat Nair appeared for the Delhi …

Detaining Authority Must Show Likelihood Of Bail To Pass Preventive Detention Order Against Person Already In Custody: Gauhati HC Reiterates
Trending News
2 months, 1 week ago

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

Live Law  

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

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

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

Live Law  

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

J&K court issues release order of Zahoor Bhat, brother of JKLF founder Maqbool Bhat
2 months, 3 weeks ago

J&K court issues release order of Zahoor Bhat, brother of JKLF founder Maqbool Bhat

The Hindu  

The J&K and Ladakh High Court has quashed the detention of Zahoor Ahmad Bhat, brother of the founder of the separatist Jammu and Kashmir Liberation Front, and issued his release order in Srinagar. Mr. Bhat’s brother Maqbool Bhat was the founder of the JKLF, seeking independence for J&K, and faced death sentence in 1984. This prolonged uncertainty is both disheartening …

"Be Sensitive": J&K High Court Urges Trial Courts To Avoid 'Copy-Paste' Practices In Bail Orders
2 months, 3 weeks ago

"Be Sensitive": J&K High Court Urges Trial Courts To Avoid 'Copy-Paste' Practices In Bail Orders

Live Law  

The High Court of Jammu & Kashmir and Ladakh has stressed the necessity for judicial sensitivity and diligence in dealing with bail applications. Justice Dhar made these observations in a plea involving petitioner Umar Bashir Khan, who sought bail in connection with FIR registered under Sections 451, 376/511, 354, and 506 of the Ranbir Penal Code. After examining the submissions …

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

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

Live Law  

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

Delhi HC denies anticipatory bail to ex- IAS trainee Puja Khedkar
3 months ago

Delhi HC denies anticipatory bail to ex- IAS trainee Puja Khedkar

New Indian Express  

NEW DELHI: The Delhi High Court on Monday refused to grant anticipatory bail to former IAS probationer Puja Khedkar who has been accused of cheating and wrongly availing of OBC and disability quota benefits in the civil services examination. Ruling that a strong prima facie case was made out against Khedkar, Justice Chandra Dhari Singh said investigation was required to …

SC grants bail to two in Waqf Board money laundering case
3 months, 1 week ago

SC grants bail to two in Waqf Board money laundering case

New Indian Express  

NEW DELHI: The Supreme Court on Wednesday in it order granted bail to two men arrested in connection with the Delhi Waqf Board money laundering case. While grating bail to accused -- Zeeshan Haider and Daud Nasir, a two-judge bench of the apex court, led by Justice Abhay S Oka and Justice Augustine George Masih observed that the duo were …

Preventive detention must meet strict threshold: SC highlights right to personal liberty
3 months, 1 week ago

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

Hindustan Times  

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

Andhra Pradesh High Court grants bail to main accused in Kadambari Jethwani’s ‘illegal arrest’ case
3 months, 2 weeks ago

Andhra Pradesh High Court grants bail to main accused in Kadambari Jethwani’s ‘illegal arrest’ case

The Hindu  

The Andhra Pradesh High Court on Monday granted bail to Kukkala Vidyasagar, accused of getting a false case registered against actor Kadambari Jethwani on charges of forgery and extortion earlier this year with the help of a few police officers. 1 in the First Information Report registered by the Vijayawada City Police on the basis of a complaint registered by …

[PMLA] Liberty Is Intrinsic To Rule Of Law, Court Cannot Be Restrained From Granting Bail On Account Of Restrictive Statute: Calcutta HC
3 months, 2 weeks ago

[PMLA] Liberty Is Intrinsic To Rule Of Law, Court Cannot Be Restrained From Granting Bail On Account Of Restrictive Statute: Calcutta HC

Live Law  

The Calcutta High Court has granted bail to a man being investigated by the Enforcement Directorate under the PMLA for allegedly running a fake call centre and promising services to victims in exchange for money, which were never delivered. Seeking release of the petitioner on bail, learned counsel for the petitioner submitted that by virtue of a leave and licence …

S.2(p)(iii) KAAPA | Complaint By Police Can Be Counted Towards Declaring Accused 'Known Rowdy' If No Personal Grievance Involved: High Court
3 months, 3 weeks ago

S.2(p)(iii) KAAPA | Complaint By Police Can Be Counted Towards Declaring Accused 'Known Rowdy' If No Personal Grievance Involved: High Court

Live Law  

The Kerala High Court has held that the bar under Section 2 of the Kerala Anti-Social Activities Act, 2007 does not apply if the police officer does not have any 'personal grievance' against the accused. Such cases will not come under the exclusion of complaints initiated by Police Officers, envisaged under Section 2 of KAAP Act.” The Court further added …

'Pains Judicial Conscience': P&H High Court Seeks Explanation From Magistrate Who Issued Release Warrant Without Compliance Of Bail Condition
3 months, 3 weeks ago

'Pains Judicial Conscience': P&H High Court Seeks Explanation From Magistrate Who Issued Release Warrant Without Compliance Of Bail Condition

Live Law  

Observing that the judicial conscience of the Court is shocked about the manner in which the release warrant was issued by a Judicial Magistrate, the Punjab & Haryana High Court has sought explanation from the judge.The Court found that the JMIC of Ambala issued a release warrant for an accused in a cheating case without compliance of the pre-condition of …

Supreme Court Grants Anticipatory Bail To Jagannath Temple Priest In Money Laundering Case Under PMLA
4 months ago

Supreme Court Grants Anticipatory Bail To Jagannath Temple Priest In Money Laundering Case Under PMLA

Live Law  

The Supreme Court today granted anticipatory bail to Jagannath Temple Priest, Rajkumar Daitapati in relation to PMLA proceedings initiated against him for alleged offence of money laundering. The petitioner, stated to be a generational priest of the Shri Jagannath Temple, Puri, Orrisa has been arrayed in proceedings under S. 3 and 4 of the Prevention for Money Laundering Act 2002. …

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

Gujarat High Court Enlarges Man Booked In 2013 Sabarmati Prison Break Attempt Case On Regular Bail
4 months, 1 week ago

Gujarat High Court Enlarges Man Booked In 2013 Sabarmati Prison Break Attempt Case On Regular Bail

Live Law  

The Gujarat High Court granted regular bail to Saquib Nisar Shaikh–booked in connection with the 2013 Sabarmati prison break attempt case by allegedly digging a tunnel, noting that the applicant had already been in jail for over a decade with no immediate prospect of completion of trial.The FIR was registered under IPC Sections 224, 120B, 130and Sections 42 and 45 …

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

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant
5 months ago

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant

Live Law  

The Allahabad High Court has ruled that there is no 'absolute prohibition' against considering an application for anticipatory bail filed by an accused facing an arrest warrant or proclamation under Section 82 CrPC. The court is empowered to consider the merits of the case in extremely exceptional cases in the interest of justice.

Jammu & Kashmir And Ladakh High Court Weekly Roundup: September 9 - September 15, 2024
6 months ago

Jammu & Kashmir And Ladakh High Court Weekly Roundup: September 9 - September 15, 2024

Live Law  

Nominal Index: Yashpal Sharma & Ors. Vs Rupali Sharma 2024 LiveLaw 253 Raman Kumar Vs UT of J&K 2024 LiveLaw 254 Sheikh Owais Tariq Vs Satvir Singh 2024 LiveLaw 255 Bharat Bhushan Jolly and ors Vs State of J&K 2024 LiveLaw 256 Rahees Hayat alias Ayaz Vs Union Territory of Jammu & Kashmir 2024 LiveLaw 257 State through P/S Pulwama …

Habeas Corpus Petitions Can't Be Allowed To Become Infructuous Due To Pendency Outlasting Period Of Detention: J&K High Court
6 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 …

[KAAPA] Police's Failure To Use Available Technology To Expedite Process Undermines Personal Liberty Of Accused In Preventive Detention Cases: Kerala HC
6 months, 3 weeks ago

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

Live Law  

The Kerala High Court observed that the State Police uses an 'Integrated Core Policing System' that enables them to collect information about offenders promptly and efficiently without delay. The Court thus stated that with the technological advancements, the government cannot justify the delay in issuing the detention order by claiming that they spent time gathering case details. The Court was …

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

J&K Public Safety Act Cannot Be Used As Shortcut To Circumvent Due Process Established Under Code of Criminal Procedure: J&K High Court
6 months, 3 weeks ago

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

Live Law  

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

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

Puja Khedkar Granted Interim Protection from Arrest by Delhi High Court
7 months, 1 week ago

Puja Khedkar Granted Interim Protection from Arrest by Delhi High Court

The Hindu  

The Delhi High Court on Monday granted interim protection from arrest to former IAS probationer Puja Khedkar, who has been accused of fraudulently clearing Union Public Service Commission examination, till August 21. Read Editorial | A case of excesses: On the Puja Khedkar case Justice Subramonium Prasad gave the direction on the anticipatory bail plea by Ms. Khedkar. On Monday, …

Puja Khedkar gets interim protection from arrest by Delhi HC, next hearing on August 21
7 months, 1 week ago

Puja Khedkar gets interim protection from arrest by Delhi HC, next hearing on August 21

India TV News  

In a significant develoipment, the Delhi High Court on Monday granted former trainee IAS officer Puja Khedkar interim protection from arrest and directed the UPSC and Delhi Police not to take her into custody until the next hearing date. Delhi HC Justice Subramonium Prasad issued the order while hearing a plea by Puja Khedkar seeking anticipatory bail. Earlier, Puja Khedkar …

Ruling on Sisodia calls for judicial reforms in bail process
7 months, 2 weeks ago

Ruling on Sisodia calls for judicial reforms in bail process

Hindustan Times  

New Delhi The Supreme Court verdict granting bail to former Delhi deputy chief minister Manish Sisodia in connection with the Delhi excise policy case marks a critical precedent, particularly in high-profile cases where gravity of charges and prolonged incarceration has been used as tools to deny individuals their right to liberty. The court observed that in many instances, both trial …

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence
7 months, 3 weeks ago

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

The Quint  

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

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 15 - July 21, 2024
8 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 …

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