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 Vibha Kankanwadi and Justice Rohit Joshi noted that the petitioner before it was booked in a First Information Report lodged on October 31, 2023 for participating in a political rally demanding Maratha Reservation and subsequently, the rally turned violent. There can be absolutely no justification for curtailing liberty of an individual merely on the ground of participation in a political rally, although the same may have taken ugly violent turn," the bench said in its January 14 order. In its order, the bench noted that there was a delay of nearly eight months in passing the preventive detention order and serving the same to the petitioner and thereafter implementing it.

Political Detention Order Preventive Detention Fir Bench Rally Violent Petitioner Preventive Pelting Stone Political Rally  subjected  noted  violent  rally  bench  hc  turned  political  detention  petitioner  preventive  order  individual  persons  participated

History of this topic

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 …

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 …

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 …

The Constitution at 75: A checklist of casualties
1 month, 3 weeks ago

The Constitution at 75: A checklist of casualties

Live Mint  

The Constitution of India promises justice, liberty, equality and fraternity in a ringing Preamble. The Preventive Detention Act, 1950 was enacted because the constitutional provisions for minimum safeguards for detenus had to be worked around. Despite the Constitution permitting their detention without following any legal process, a maximum time period had been set for which they could be incarcerated. In …

HC strikes down prisoner’s detention order caused by delay in hearing appeal
2 months, 3 weeks ago

HC strikes down prisoner’s detention order caused by delay in hearing appeal

Hindustan Times  

MUMBAI: The Bombay high court recently quashed a detention order of a 22-year-old man lodged at Pune’s Yerawada Central Jail due to a delay by the Maharashtra government in hearing his appeal against it. HC strikes down prisoner’s detention order caused by delay in hearing appeal Based on three criminal cases and two in-camera statements, Somnath Bajrang Jadhav was declared …

Andhra Pradesh HC Grants Relief to Allu Arjun
3 months, 2 weeks ago

Andhra Pradesh HC Grants Relief to Allu Arjun

Deccan Chronicle  

It was contended that the FIR originated from a complaint by the deputy tahsildar of Nandyal, claiming that the visit of a Tollywood star to the MLA’s residence resulted in a large gathering, thereby breaching Section 144 of the CrPC and election code regulations. The Counsel for the petitioner would point out that the police had failed to apply due …

‘Raining FIRS’: Supreme Court grants arrest shield to YSR Cong’s Sajjala B Reddy
Top News
3 months, 3 weeks ago

‘Raining FIRS’: Supreme Court grants arrest shield to YSR Cong’s Sajjala B Reddy

Hindustan Times  

NEW DELHI: The Supreme Court on Monday shielded YSR Congress Party’s social media head Sajjala Bhargava Reddy from arrest for two weeks to enable him to approach the high court for bail, observing the interim protection was akin to allowing the petitioner to get first aid while the state government was “raining FIRs” on him. Former Andhra Pradesh chief minister …

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 …

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 …

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 …

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

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

The Hindu  

The Greater Chennai City Police on Thursday, June 6, 2024, filed a sub application before the Madras High Court claiming that Justice G. Jayachandran had agreed with the view taken by Justice P.B. Balaji, in a habeas corpus petition filed against YouTuber ‘Savukku’ Shankar alias A. Shankar’s detention under the Goondas Act, and therefore, the case must now be referred …

Madras High Court Quashes Lawyer’s Detention Under COFEPOSA, Says Live And Proximate Link Had Snapped
1 year, 5 months ago

Madras High Court Quashes Lawyer’s Detention Under COFEPOSA, Says Live And Proximate Link Had Snapped

Live Law  

While setting aside a preventive detention order made by the State for detention of a lawyer in connection with smuggling under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974, the Madras High Court noted that the live and proximate link between grounds of detention and purpose of detention had snapped. “In the case on hand, from …

Those Responsible For National Security Sole Judges Of What Preventive Actions Are Necessary: Jammu & Kashmir High Court Upholds Detention Order
1 year, 7 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 …

Preventive Detention Law Under Legal Scrutiny in Two States: Why Is It Debated?
1 year, 8 months ago

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

The Quint  

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

Bombay HC imposes cost on Daman & Diu administration for unwarranted detention of activists
1 year, 9 months ago

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

India Today  

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

Person Confined Under Preventive Detention Law In Jammu & Kashmir Not Released Despite High Court's Quashing Order Passed Over A Year Ago
1 year, 10 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 …

HC refuses to hear anticipatory bail petition of Avinash Reddy
1 year, 10 months ago

HC refuses to hear anticipatory bail petition of Avinash Reddy

Deccan Chronicle  

HYDERABAD: In a major setback to Kadapa MP Y.S. Avinash Reddy, two separate single benches of the Telangana High Court were on Friday not inclined to hear his anticipatory bail petition and give partial relief from being arrested by the CBI in the Y.S. The two benches also rejected Reddy’s plea to direct the registry of the High Court to …

How Constitutional Right To Hold Peaceful Demonstration Can Be Curtailed? Calcutta High Court To Police On CPI(M) Leader's Plea
2 years, 1 month ago

How Constitutional Right To Hold Peaceful Demonstration Can Be Curtailed? Calcutta High Court To Police On CPI(M) Leader's Plea

Live Law  

The Calcutta High Court has asked the West Bengal Police why it refused permission to CPI leader Tushar Kanti Ghosh to hold a peaceful demonstration in Bhangore area of South 24 Parganas district. A single judge bench of Justice Rajasekhar Mantha directed the Inspector-in-charge of Bhangore Police Station to explain: “as to how the constitutional right to hold a peaceful …

Cops issue detention notice to person already in jail; HC seeks govt clarification
2 years, 1 month ago

Cops issue detention notice to person already in jail; HC seeks govt clarification

Deccan Chronicle  

HYDERABAD: A two-judge bench of the Telangana High Court, comprising Justice Abhinand Kumar Shavili and Justice Pulla Karthik on Wednesday issued notices to the state government in a habeas corpus writ petition. The court directed the state to ascertain whether a detention order can be issued against a person, who is already in jail and asked the state to produce …

Even Typographical Errors In Dossier Copied By Magistrate, No Application Of Mind: JKL High Court Quashes Preventive Detention Of Alleged LeT Aide
2 years, 1 month 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" …

Grounds Of Bail Important Factor To Decide Whether Preventive Detention Of Accused Necessary: Bombay High Court
2 years, 2 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 …

[Preventive Detention] Satisfaction Of Detaining Authority Must Be Based On Collective Scrutiny Of Police Dossier & Connected Docs: J&K&L High Court
2 years, 4 months ago

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

Live Law  

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

Grounds Of Detention Mentioned In An Order That Was Quashed By Court Can't Be Considered To Pass Fresh Detention Order: J&K&L High Court
2 years, 7 months ago

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

Live Law  

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

No "Live Link" With Past Incidents: MP High Court Quashes Preventive Detention Order U/S 3(2) Of National Security Act, Awards 10K Cost
2 years, 8 months ago

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

Live Law  

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

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

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

Live Law  

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

NSA Invoked For FB Post On 'Babri Masjid': "Detention Justified But Delay In Disposing Representation": Allahabad HC Quashes Detention Order
3 years, 6 months ago

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

Live Law  

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

Mumbai court grants anticipatory bail to reporter accused of 'instigating people' outside Kangana Ranaut's bungalow
4 years, 5 months ago

Mumbai court grants anticipatory bail to reporter accused of 'instigating people' outside Kangana Ranaut's bungalow

Firstpost  

A journalist with Republic TV was accused of paying a group of people to gather outside Kangana Ranaut’s premises during the demolition A sessions court in Mumbai has granted pre-arrest bail to a television journalist booked for allegedly causing disturbance and preventing a public servant from discharging his duties during the civic body-initiated demolition at actor Kangana Ranaut’s office in …

Freedom Of Speech Doesn't Mean That One Can Go To The Extent Of Making Wild And Malicious Allegations: P&H HC Denies Pre-Arrest Bail To Youtuber [Read Order]
4 years, 5 months ago

Freedom Of Speech Doesn't Mean That One Can Go To The Extent Of Making Wild And Malicious Allegations: P&H HC Denies Pre-Arrest Bail To Youtuber [Read Order]

Live Law  

While refusing to grant anticipatory bail to a YouTuber, who is accused of having uploaded defamatory content on his channel against a retired military officer, the Punjab and Haryana High Court on Friday observed that "though every citizen of India has got a right to express his views in the matter but then freedom of speech does not mean that …

Delhi HC Reserves Order In Plea Which Claims That Due To Non Functioning Of NIA Courts, Continued Detention of Person Accused Under UAPA Is Illegal
4 years, 9 months ago

Delhi HC Reserves Order In Plea Which Claims That Due To Non Functioning Of NIA Courts, Continued Detention of Person Accused Under UAPA Is Illegal

Live Law  

Delhi High Court has reserved order in a plea seeking release of an accused who, despite being granted bail for other charges, continues to be in custody for a charge under Unlawful Activities Prevention Act due to the non functioning of the NIA Special Courts. The petition claims that since the Special Courts have not been functioning due to the …

Delhi Riots: Delhi HC Denies Bail Despite Recording Possibility Of Custodial Violence And Illegal Detention Of The Petitioner [Read Order]
4 years, 11 months ago

Delhi Riots: Delhi HC Denies Bail Despite Recording Possibility Of Custodial Violence And Illegal Detention Of The Petitioner [Read Order]

Live Law  

Despite noting the possibility of custodial violence, illegal detention and loopholes in the prosecution's narrative, the Delhi High Court refused to grant bail to a person arrested for an alleged involvement in violence committed during Delhi Riots. While claiming that the police charged him with section 436 of the IPC despite there being no evidence to support the same, the …

A Revanth Reddy detention might cost Telangana police
6 years, 1 month ago

A Revanth Reddy detention might cost Telangana police

Deccan Chronicle  

Hyderabad: The Telangana High Court on Wednesday felt that there was a prima facie case in the illegal detention of TPCC working president A. Revanth Reddy ahead of the December 7 elections, and asked the state police whether they could pay to pay compensation to the petitioner. A division bench comprising Justice Raghvendra Singh Chauhan and Justice T. Amarnath Goud …

Special Reasons Needed To Pass Preventive Detention Order Against Persons Already Under Custody : MP HC [Read Judgment]
6 years, 1 month ago

Special Reasons Needed To Pass Preventive Detention Order Against Persons Already Under Custody : MP HC [Read Judgment]

Live Law  

Holding that special reasons are to be given for passing order of preventive detention against a person already under custody, the Madhya Pradesh High Court quashed a detention order passed under the National Security Act. "it is the settlled position of law that the authorities are not precluded from passing an order of detention when the person concerned is in …

Bombay HC Allows Habeas Corpus Petition As Detaining Authority Didn’t Draft Grounds For Detention Himself [Read Judgment]
7 years, 6 months ago

Bombay HC Allows Habeas Corpus Petition As Detaining Authority Didn’t Draft Grounds For Detention Himself [Read Judgment]

Live Law  

The Bombay High Court recently allowed a habeas corpus petition challenging an order dated March 20, 2017, passed by the Commissioner of Police, Solapur, sanctioning preventive arrest of one Taufiq Ismail Shaikh under Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons engaged. The Bombay High Court …

Detention Order Without Specifying Period Of Detention Illegal: SC [Read Order]
7 years, 8 months ago

Detention Order Without Specifying Period Of Detention Illegal: SC [Read Order]

Live Law  

The Supreme Court, in Lahu Shrirang Gatkal vs. State of Maharashtra, has held that a blanket order of detention, without specifying the period of detention, is illegal and unsustainable.The court was considering an appeal by a person who was detained under Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons,. The Supreme Court, …

Mere Filing Of FIR Not Sufficient To Order Detention Under Gujarat Prevention Of Anti Social Activities Act: HC [Read Judgment]
7 years, 8 months ago

Mere Filing Of FIR Not Sufficient To Order Detention Under Gujarat Prevention Of Anti Social Activities Act: HC [Read Judgment]

Live Law  

Gujarat High Court on Wednesday set aside an order of detention passed under the Gujarat Prevention of Anti Social Activities Act, 1985, holding that the disorder caused by commission of an offence may not come under the purview of public disorder, irrespective of the gravity of the offence.“…it appears that the subjective satisfaction arrived at by the detaining authority cannot …

Varun gets bail, stays in jail
15 years, 11 months ago

Varun gets bail, stays in jail

Hindustan Times  

Varun Gandhi, BJP’s Pilibhit candidate, was granted bail in the hate speech and another case, on Monday, but remained in jail as he has also been booked under the stringent National Security Act. HT Image Chief Judicial Magistrate Bipin Kumar granted bail to Varun in two cases — vitiating atmosphere by giving provocative speeches, and violation of People Representation Act …

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