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

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

Live Law  

While quashing a Detention order passed by respondent No. 2 under the provisions of Public Safety Act, 1978, the Jammu and Kashmir High Court on Monday remarked, "We are at pains to observe that in routine this Court comes across the cases in which the detention orders issued on the grounds of threat to the security and integrity of State are getting quashed due to non-adherence to technical requirements" The Bench of Justice Rajnesh Oswal and Justice Rajesh Bindal further observed, "In many petitions the grounds taken are non-furnishing of the material relied upon by the detaining Authority to the detenue; not informing the detenue about his right to make representation; not informing the detenue about the grounds of detention in the language that he understands etc. Contentions Raised before the Court and Court's Observation The First contention of the appellant - He was not furnished the requisite material relied upon by the detaining authority while passing the detention order. Court's Observation - The perusal of grounds of detention would reveal that detention order has been passed not only on the ground that two FIRs were registered against the appellant. Court's Observation - A perusal of the detention order along with accompanying documents annexed with the petition clearly reveal that the appellant was informed of his right to make representation to the District Magistrate Kulgam within 12 days of passing of this order.

Law English Court Detention Order Fir Passing Single Grounds His Right Appellant Detenue Detention Order Detaining Contention Detaining Authorities  court  right  appellant  proper  worker  detention  grounds  contention  detenue  requirements  training  detaining  releases  read  man  law  passing  order

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 …

High Court Allows Habeas Corpus Petition for Release of Accused in Drugs Case
1 month, 2 weeks ago

High Court Allows Habeas Corpus Petition for Release of Accused in Drugs Case

Deccan Chronicle  

A Telangana High Court allows a habeas corpus petition for the release of a person accused of systematic violation of the Narcotic Drugs and Psychotropic Substances Act, 1985. The court finds that the detention order passed by the Hyderabad commissioner of police was unconstitutional and illegal as it violated the principles of preventive detention and presumption of innocence. The court …

Habeas Corpus Plea For Accused In Judicial Custody By Order Of Competent Court Not Maintainable: Punjab & Haryana High Court
3 months ago

Habeas Corpus Plea For Accused In Judicial Custody By Order Of Competent Court Not Maintainable: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that a habeas corpus plea seeking the release of the accused, who is in judicial custody by virtue of an order passed by a court of competent jurisdiction, and, whose regular bail application has also been dismissed by the trial Court concerned, is not maintainable.Justice Kuldeep Tiwari refused to entertain the habeas …

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, 1 week 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
3 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 …

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 …

Savukku Shankar Detention Case:Justice Swaminathan May Recused If Influenced by External Factors,Says Justice Jayachandran
6 months, 2 weeks ago

Savukku Shankar Detention Case:Justice Swaminathan May Recused If Influenced by External Factors,Says Justice Jayachandran

Live Law  

The Madras High Court on Thursday ruled that the split verdict passed concerning the detention of YouTuber Savukku Shankar was without following the principles of natural justice granting fair opportunity. Justice Jayachandran noted that while the court was not bound by a hard and fast rule of granting 4 weeks to file counter, especially in cases dealing with detention orders, …

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

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

The Hindu  

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

Courts Can Scrutinise Grounds Of Detention To Ascertain Prima Facie Connection Between Grounds & Purpose Of Detention Order: J&K High Court
6 months, 3 weeks ago

Courts Can Scrutinise Grounds Of Detention To Ascertain Prima Facie Connection Between Grounds & Purpose Of Detention Order: J&K High Court

Live Law  

Asserting that Courts are not barred from examining the grounds of detention, the Jammu and Kashmir and Ladakh High Court has recently ruled that the Court has the authority to examine the grounds for detention and ensure a prima facie connection between the grounds and the purpose of the detention order. While acknowledging that subjective satisfaction recorded by the detaining …

Madras HC delivers split verdict on legality of detention of 'Savukku' Shankar under Goondas Act
6 months, 4 weeks ago

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

New Indian Express  

CHENNAI: The Madras High Court on Friday delivered a split verdict on the legality of the detention of jailed YouTuber ‘Savukku’ Shankar under the Goondas Act in the wake of his arrest in five different cases including the ones relating to denigrating women police personnel in an interview and possession of ganja. Justice GR Swaminathan, who was presiding the division …

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

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

Live Law  

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

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

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

Live Law  

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

Courts Should Meticulously Scrutinise Procedural Norms In Preventive Detention Cases, Any Deviation From Procedure Should Favour Detenue: J&K High Court
8 months, 3 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 …

Successive Habeas Corpus Petition Challenging Same Detention Order Not Maintainable Even If New Grounds Are Raised: Kerala High Court
9 months, 3 weeks ago

Successive Habeas Corpus Petition Challenging Same Detention Order Not Maintainable Even If New Grounds Are Raised: Kerala High Court

Live Law  

The Kerala High Court has stated that successive habeas corpus petitions are maintainable if fresh grounds are raised, however, a successive habeas corpus petition challenging the same detention order is not maintainable before the same court even on fresh grounds. A second habeas corpus writ was filed by the petitioner-wife of detenu before the High Court challenging the very same …

Madras High Court Quashes Detention Of Youtuber Manish Kashyap Under National Security Act In Fake Videos Case
1 year, 1 month ago

Madras High Court Quashes Detention Of Youtuber Manish Kashyap Under National Security Act In Fake Videos Case

Live Law  

The Madras High Court on Friday quashed the detention order passed against Youtuber Manish Kashyap under the National Security Act for allegedl circulating fake videos of migrant workers from Bihar being attacked in the State of Tamil Nadu.The Madurai bench of Justice M Sundar and Justice R Sakthivel dropped the proceedings against Kashyap under the National Security Act but allowed. …

Challenging Detention Orders, Getting Stay Before Execution May Prevent Proper Examination Of Evidence: J&K High Court
1 year, 2 months ago

Challenging Detention Orders, Getting Stay Before Execution May Prevent Proper Examination Of Evidence: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has held that after challenging a detention order before its execution through legal channels, they cannot argue that the order should be quashed due to a lack of live link between the current situation and the one when the detention order was issued. “.But if the petitioners and the appellants have taken …

[S.15A SC/ST Act] Victim Need Not Be Put To Notice Of Habeas Corpus Plea Moved By Accused Following Preventive Detention: Madras High Court
1 year, 2 months ago

[S.15A SC/ST Act] Victim Need Not Be Put To Notice Of Habeas Corpus Plea Moved By Accused Following Preventive Detention: Madras High Court

Live Law  

The Madras High Court has made it clear that the habeas corpus petition challenging the preventive detention of a person who is accused of committing offences under the Schedules Caste/Scheduled Tribe Act is not a 'connected proceeding' for the purposes of Section 15-A and of the Act. Court held that habeas corpus is a constitutional remedy available under Article 226 …

Madras High Court Quashes Lawyer’s Detention Under COFEPOSA, Says Live And Proximate Link Had Snapped
1 year, 2 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 …

Court Can Review Detention Orders Despite Detaining Authority's Subjective Satisfaction: Jammu & Kashmir High Court
1 year, 3 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 …

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 …

Tamil Nadu Minister Senthilbalaji’s arrest | Third judge of Madras High Court rules in favour of Enforcement Directorate
1 year, 5 months ago

Tamil Nadu Minister Senthilbalaji’s arrest | Third judge of Madras High Court rules in favour of Enforcement Directorate

The Hindu  

Arrested Tamil Nadu Minister V. Senthilbalaji suffered a major setback at the Madras High Court on Friday, with Justice C.V. Karthikeyan, the third judge named by Chief Justice S.V. To get today’s top stories from the State in your inbox, subscribe to our Tamil Nadu Today newsletter here Justice C.V. Karthikeyan also held that the Directorate of Enforcement can subject …

KAAPA | Detention Order Can't Be Issued Without Determining Sufficiency Of Bail Conditions Already Imposed On Accused: Kerala High Court
1 year, 5 months ago

KAAPA | Detention Order Can't Be Issued Without Determining Sufficiency Of Bail Conditions Already Imposed On Accused: Kerala High Court

Live Law  

The Kerala High Court on Monday set aside a detention order which was issued by the detaining authority without determining the nature of the bail conditions already imposed on the detenu.The Division Bench comprising Justice P.B. The Kerala High Court on Monday set aside a detention order which was issued by the detaining authority without determining the nature of the …

ED Questions Maintainability Of Habeas Corpus Plea Against Senthil Balaji’s Arrest, Tells Madras High Court ‘He Wasn’t Cooperating With Probe’
1 year, 5 months ago

ED Questions Maintainability Of Habeas Corpus Plea Against Senthil Balaji’s Arrest, Tells Madras High Court ‘He Wasn’t Cooperating With Probe’

Live Law  

Opposing the habeas corpus petition challenging Tamil Nadu minister Senthil Balaj’s arrest in the money laundering case, the Enforcement Directorate on Tuesday argued that the court cannot interfere in the matter in a habeas corpus plea when the trial court has held the custody to be not illegal. Mehta also argued that though executive actions can be challenged when they …

Person Confined Under Preventive Detention Law In Jammu & Kashmir Not Released Despite High Court's Quashing Order Passed Over A Year Ago
1 year, 7 months ago

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

Live Law  

Terming the non-release of a detainee whose detention order under Public Safety Act was quashed by it last year as a very "disturbing scenario", the Jammu and Kashmir and Ladakh High Court has ordered District Magistrate, Baramulla to be personally present before it and also produce the detainee before it next week. A bench comprising Justice Rahul Bharti observed, "Through …

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

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

Live Law  

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

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

High Court reserves judgment in defamation case

Deccan Chronicle  

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

Habeas corpus case: Telangana HC directs police to set aside detention order
1 year, 9 months ago

Habeas corpus case: Telangana HC directs police to set aside detention order

Deccan Chronicle  

Hyderabad: A two-judge bench of the Telangana High Court on Friday directed the police to set aside a detention order in a habeas corpus case. The bench of Justice Abhinand Kumar Shavili and Justice Pulla Karthik heard the writ petition filed by Kota Swati, wife of the detainee, seeking that her husband be produced. The bench of Justice Abhinand Kumar …

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 …

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 …

[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 …

Preventive Detention Will Be Vitiated By Unexplained Delay In Passing Order, Withholding Of Relevant Material : Supreme Court
2 years, 2 months ago

Preventive Detention Will Be Vitiated By Unexplained Delay In Passing Order, Withholding Of Relevant Material : Supreme Court

Live Law  

The Supreme Court observed that unreasonable and unexplained delay in passing the order of detention from the date of the proposal can vitiate the detention order.The bench of CJI Uday Umesh Lalit, Justices S. Ravindra Bhat and JB Pardiwala observed that there should be "live and proximate link" between the grounds of detention and the purpose of detentionIn this case, …

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

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

Live Law  

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

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

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

Live Law  

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

Non-Supply Of Vital Documents To Detenue Hampers His Right To Make Representation: J&K&L High Court Quashes Preventive Detention Order
2 years, 7 months ago

Non-Supply Of Vital Documents To Detenue Hampers His Right To Make Representation: J&K&L High Court Quashes Preventive Detention Order

Live Law  

Jammu and Kashmir High Court recently quashed a preventive detention order declaring it to be illegal on ground that all important documents related to the matter were not provided to the detenue. Justice Sanjay Dhar observed: "Contention of the petitioner that whole of the material relied upon by the detaining authority, while framing the grounds of detention, has not been …

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

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

Live Law  

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

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

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

Live Law  

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

Case Of Missing Person Sans Strong Suspicion Of Illegal Detention Can't Come Under Ambit Of Habeas Corpus Plea: Gauhati HC
3 years, 2 months ago

Case Of Missing Person Sans Strong Suspicion Of Illegal Detention Can't Come Under Ambit Of Habeas Corpus Plea: Gauhati HC

Live Law  

The Gauhati High Court recently held that missing person cases would not come within the ambit of a habeas corpus petition, but such cases are required to be registered under the regular provisions of the Indian Penal Code.The Bench of Justice Kalyan Rai Surana was hearing a habeas corpus plea filed by one Mamoni Kakoty praying for a direction. The …

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

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

Live Law  

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

Detention Order Must Contain Prospects Of Detenu's Release On Bail & Apprehension Of Indulgence In Prejudicial Activities: MP High Court
3 years, 4 months ago

Detention Order Must Contain Prospects Of Detenu's Release On Bail & Apprehension Of Indulgence In Prejudicial Activities: MP High Court

Live Law  

The Madhya Pradesh High Court has held that if a detenu is in custody at the time of passing the detention order, then it is necessary for the Detaining Authority to mention this fact in the detention order and also, consider the prospects of the release of the detenu on bail. The Court referred to a catena of Judgments including …

Discouraging Article 32 Habeas Corpus Petitions – The Legal Basis
4 years, 1 month ago

Discouraging Article 32 Habeas Corpus Petitions – The Legal Basis

Live Law  

Observations by a bench of the Supreme Court headed by the Chief Justice of India while hearing a habeas corpus writ petition under Article 32 of the Constitution that the court is trying to discourage Article 32 Petitions - has understandably received coverage critical of the judicial attitude of the court. The court's observations ostensibly come from passage in Union …

Interim Bail In Habeas Petition Challenging Detention Only In Exceptional Circumstances: Madras HC [Read Judgment]
4 years, 2 months ago

Interim Bail In Habeas Petition Challenging Detention Only In Exceptional Circumstances: Madras HC [Read Judgment]

Live Law  

The Madras High Court has observed that interim bail in habeas corpus petitions challenging preventive detention can be granted only in exceptional circumstances, when it is made out that the intervention of the cour is indispensable.Holding thus, a division bench comprising Justices T S Sivagnanam and Pushpa Sathyanarayana recalled an order passed on June 15 to grant interim bail to …

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

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

Live Law  

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

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

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

Live Law  

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

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

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

Live Law  

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

SC Disposes Habeas Corpus Plea Of Prof. Soz As J&K Admin Submits That Soz Had Not Been Detained In The First Place
4 years, 4 months ago

SC Disposes Habeas Corpus Plea Of Prof. Soz As J&K Admin Submits That Soz Had Not Been Detained In The First Place

Live Law  

Supreme Court disposes of octogenarian Congress leader and former Union Minister Prof. Saifuddin Soz's habeas corpus plea against the Government of Jammu and Kashmir's detention order, in view of J&K Home Department's Affidavit which claims that Prof. Soz had never been placed under detention in the first place. A Bench of Justices Arun Mishra, Vineet Saran and MR Shah heard …

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

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

News 18  

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

Discover Related