J&K HC Upholds Detention Of Bar Association President Under Public Safety Act [Read Judgment]
4 years, 11 months ago

J&K HC Upholds Detention Of Bar Association President Under Public Safety Act [Read Judgment]

Live Law  

The Jammu and Kashmir High Court on Friday dismissed a habeas corpus petition which challenged the preventive detention of Senior Advocate and J&K High Court Bar Association President Mian Abdul Qayoom.He has been under detention since August 5, when the Central Government took measures to abrogate the special status of J&K under Article 370 of the Constitution of India.Justice. The Jammu and Kashmir High Court on Friday dismissed a habeas corpus petition which challenged the preventive detention of Senior Advocate and J&K High Court Bar Association President Mian Abdul Qayoom. He has been under detention since August 5, when the Central Government took measures to abrogate the special status of J&K under Article 370 of the Constitution of India. However, no representation has been made by detenu and, therefore, there is no rebuttal to the grounds of detention formulated by detaining authority, the Court said.

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History of this topic

Specific Instances Verifiable By Statements Of Witnesses Essential To Establish “Subjective Satisfaction” For Issuing Detention Orders: J&K High Court
2 weeks, 1 day 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” …

HC seeks govt’s response on plea challenging reservation policy
4 weeks ago

HC seeks govt’s response on plea challenging reservation policy

Hindustan Times  

Jammu and Kashmir high court, acting on a fresh petition challenging the reservation policy, has issued notice to the respondents asking for reply within a time frame of three weeks. The fresh petition, filed by Dawar Ali and supported by a civil society group, has questioned the reservation policy of J&K government calling it “unreasonable”. On November 27, a political …

Illegal Smuggling Of Bovine Animals Not Only Law & Order Issue But Also Threatens Maintenance Of Public Order: J&K High Court
1 month ago

Illegal Smuggling Of Bovine Animals Not Only Law & Order Issue But Also Threatens Maintenance Of Public Order: J&K High Court

Live Law  

Highlighting the grave repercussions of bovine smuggling on public order, the High Court of Jammu and Kashmir and Ladakh dismissed a habeas corpus petition filed against a preventive detention order issued under the J&K Public Safety Act, 1978. Justice Moksha Khajuria Kazmi, while delivering the judgment, observed that illegal smuggling of bovine animals not only posed a law and order …

Preventive Detention Must Be Invoked With All Due Care And Circumspection: J&K High Court Quashes Detention Order
1 month, 2 weeks 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 …

Supreme Court Asks Jammu & Kashmir UT To Frame Policy On Premature Release Of Convicts
1 month, 3 weeks ago

Supreme Court Asks Jammu & Kashmir UT To Frame Policy On Premature Release Of Convicts

Live Law  

Through a significant order, the Supreme Court recently nudged the Union Territory of Jammu and Kashmir to frame policy for premature release of convicts, considering that framing of the policy lies within the exclusive domain of the UT and it has no policy for remission on the basis of period of incarceration.A bench of Justices Surya Kant and Ujjal Bhuyan …

Careful Consideration Of Grounds On Which Bail Has Been Granted To Detenue Is Critical In Preventive Detention Cases: J&K High Court
2 months 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
2 months 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, 3 weeks 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, 3 weeks 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, 4 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 …

J&K Public Safety Act Cannot Be Used As Shortcut To Circumvent Due Process Established Under Code of Criminal Procedure: J&K High Court
4 months, 2 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
4 months, 3 weeks ago

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

Live Law  

The Jammu & Kashmir and Ladakh High Court recently quashed a detention order issued by District Magistrate Kathua, citing a failure in procedural compliance, specifically the communication of the grounds of detention in a language understood by the detenue. The court also highlighted the necessity of the Detaining Authority to ensure that the grounds of detention are communicated in a …

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 15 - July 21, 2024
5 months, 2 weeks ago

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

Live Law  

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

J&K judges should take note of growing arrests of Kashmir lawyers: Mirwaiz
5 months, 2 weeks ago

J&K judges should take note of growing arrests of Kashmir lawyers: Mirwaiz

The Hindu  

Hurriyat chairman and Kashmir’s chief cleric Mirwaiz Umar Farooq on July 19 sought the intervention of judges of the J&K and Ladakh High Court into a series of arrests of lawyers in the past month, in the wake of erstwhile J&K High Court Bar Association’s plans to hold internal elections. Former Bar chief Mian Qayoom, acting Bar chairman Nazir Ahmad …

J&K High Court Imposes 10K Cost On DM Jammu For 'Unjustifiable' Preventive Detention Order
5 months, 3 weeks ago

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

Live Law  

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

Hours after J&K Bar’s election notice, ad hoc president Nazir Ronga ‘arrested without warrant’ in Srinagar
5 months, 4 weeks ago

Hours after J&K Bar’s election notice, ad hoc president Nazir Ronga ‘arrested without warrant’ in Srinagar

The Hindu  

The ad hoc chairman of the J&K High Court Bar Association, Kashmir, Nazir Ahmad Ronga, was arrested by the Lieutenant Governor’s administration in Srinagar just hours after the Bar issued a notification related to the internal election. Lawyer Umair Ronga, son of advocate Ronga, said the J&K police arrived at their home at 1:10 a.m. “without any arrest warrant” and …

Ex-Kashmir High Court Bar Association President Mian Qayoom Arrested In Advocate Babar Qadri's Murder Case
6 months, 2 weeks ago

Ex-Kashmir High Court Bar Association President Mian Qayoom Arrested In Advocate Babar Qadri's Murder Case

Live Law  

The Jammu and Kashmir State Investigation Agency has detained Mian Abdul Qayoom, a prominent lawyer and former president of the Jammu and Kashmir High Court Bar Association, for his alleged involvement in the 2020 murder of advocate Babar Qadri. Prior to his murder, Qadri had posted a video on Facebook criticizing Qayoom for his political activities within the Bar Association. …

Participation In Nationalistic Activities Can't Serve As License For Criminal Acts: J&K High Court Dismisses Ex-Corporator's Plea Against Preventive Detention
6 months, 3 weeks ago

Participation In Nationalistic Activities Can't Serve As License For Criminal Acts: J&K High Court Dismisses Ex-Corporator's Plea Against Preventive Detention

Live Law  

Dismissing the petition challenging the preventive detention of former Srinagar Municipal Corporator Aqib Ahmad Renzu, the Jammu and Kashmir and Ladakh High Court has asserted that involvement in nationalist activities does not grant immunity from legal proceedings for criminal activities prejudicial to public order. On the other hand, the respondents defended the detention order, stating that Renzu's past activities, as …

Scrutiny In Proceedings Must Be Avoided To Insulate & Protect Juvenile: J&K High Court Slams Disclosure Of Identity Of Juveniles In Conflict With Law
8 months, 3 weeks ago

Scrutiny In Proceedings Must Be Avoided To Insulate & Protect Juvenile: J&K High Court Slams Disclosure Of Identity Of Juveniles In Conflict With Law

Live Law  

The Jammu and Kashmir and Ladakh High Court has come down heavily on courts operating in the Union Territories for routinely disclosing the identities of juveniles in conflict with law in their orders. While granting bail to a 17-year-old boy accused of attempted murder in Samba district Justice Sanjeev Kumar observed, “Courts working in the Union Territory of Jammu and …

Cannot Utilise Previously Invalidated Grounds To Detain Individual For Issuance Of Fresh Detention Order: J&K High Court
9 months, 1 week 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
9 months, 1 week 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
9 months, 1 week 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
10 months, 1 week 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 …

High Court Directs Personal Appearance Of Jammu's Divisional Commissioner Over Repeated Failure To Produce Detention Records
1 year, 2 months ago

High Court Directs Personal Appearance Of Jammu's Divisional Commissioner Over Repeated Failure To Produce Detention Records

Live Law  

The Jammu and Kashmir High Court has ordered the personal appearance of the Jammu Divisional Commissioner on October 12 for repeated failure to produce detention records in a habeas corpus plea. The directions were passed by Justice Javed Iqbal Wani during the hearing of a habeas corpus petition filed by a man who is currently held in Kishtwar district jail …

[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, 3 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, 3 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, 4 months ago

Court Can Review Detention Orders Despite Detaining Authority's Subjective Satisfaction: Jammu & Kashmir High Court

Live Law  

While acknowledging the principle of not ordinarily interfering with the detaining authority's subjective satisfaction, the Jammu and Kashmir and Ladakh High Court on Wednesday clarified that this principle does not preclude the court from examining the material that forms the basis of detention. “The subjective satisfaction though cannot be interfered normally by the court but at the same time it …

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

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

Live Law  

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

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

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

Live Law  

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

Jammu & Kashmir High Court Upholds Preventive Detention Of Man Accused In Srinagar DySP Lynching Case
1 year, 5 months ago

Jammu & Kashmir High Court Upholds Preventive Detention Of Man Accused In Srinagar DySP Lynching Case

Live Law  

The Jammu and Kashmir High Court on Wednesday upheld the preventive detention of a man who is also the main accused in the DySP lynching case that occurred in Srinagar's Nowhatta area in 2017. The incident dates back to the intervening night of 22nd and 23rd June 2017 when a Deputy Superintendent of Police of the security wing of J&K …

Those Responsible For National Security Sole Judges Of What Preventive Actions Are Necessary: Jammu & Kashmir High Court Upholds Detention Order
1 year, 5 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 only in the rarest of rare cases: HC
1 year, 5 months ago

Preventive detention only in the rarest of rare cases: HC

Deccan Chronicle  

HYDERABAD: A two-judge bench of the Telangana High Court, comprising Justice K. Lakshman and Justice P. Sree Sudha, set aside a preventive detention order based on a solitary crime out of grudge and animosity. GST Act vires challenged: The two-judge bench of the Telangana High Court admitted a writ plea seeking for declaring provisions of the Goods and Services Tax …

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 …

HC dismisses child custody petition
1 year, 9 months ago

HC dismisses child custody petition

Deccan Chronicle  

HYDERABAD: A two-judge bench of the Telangana High Court on Monday dismissed a plea pertaining to the custody of a child. The bench of Justice Abhinand Kumar Shavili and Justice Pulla Karthik heard the petition filed by Zarina Navreen of Bahadurpura, the mother of a minor child, who had to be produced and has been residing with the father. Detention …

Even Typographical Errors In Dossier Copied By Magistrate, No Application Of Mind: JKL High Court Quashes Preventive Detention Of Alleged LeT Aide
1 year, 11 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
2 years 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 …

Detaining Authority Must Be Aware That Detenu Is Already In Custody & Must Show Compelling Reasons To Pass Preventive Detention Order: Kerala HC
2 years, 1 month ago

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

Live Law  

The Kerala High Court recently reiterated the settled position that an order of preventive detention can be passed against a person who is already in custody, subject to the condition that the detaining authority is aware of the detenu already being in detention, and secondly, that there are compelling circumstances justifying such preventive detention. ".it is by now well settled …

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

[J&K Prevention of Corruption Act] Criminal Proceedings Can't Be Launched Against Public Servant In Absence Of Dishonest Intention: High Court
2 years, 2 months ago

[J&K Prevention of Corruption Act] Criminal Proceedings Can't Be Launched Against Public Servant In Absence Of Dishonest Intention: High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that in the absence of any dishonest motive or intention on the part of public servant, criminal prosecution cannot be launched against him or her under the Prevention of Corruption Act. The bench comprising Justice Sanjay Dhar was hearing a petition challenging FIR for offence under Section 5 of the …

Preventive Detention Will Be Vitiated By Unexplained Delay In Passing Order, Withholding Of Relevant Material : Supreme Court
2 years, 3 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, …

J&K&L High Court Weekly Round Up: September 5 To September 11, 2022
2 years, 3 months ago

J&K&L High Court Weekly Round Up: September 5 To September 11, 2022

Live Law  

The Jammu and Kashmir and Ladakh High Court comprising Justice Vinod Chatterji Koul ruled that in an offence falling under Section 494 IPC of performing/ contracting second marriage during the subsistence of first valid marriage, it is only the Court within whose jurisdiction the second marriage is performed which has the jurisdiction to try the case in terms of Section …

J&K: Supreme Court agrees to hear plea alleging 'backdoor appointment' in judicial institutions
2 years, 4 months ago

J&K: Supreme Court agrees to hear plea alleging 'backdoor appointment' in judicial institutions

Firstpost  

A bench of Justices DY Chandrachud and Hima Kohli issued notice and sought a response from the Jammu and Kashmir High Court on its administrative side, saying it should be vetted by the Chief Justice of the High Court New Delhi: The Supreme Court agreed to hear a plea that alleged that relatives of former judges and staff were favoured …

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 …

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

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

Live Law  

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

J&K&L High Court Orders Probe By Anti-Corruption Bureau Into Leakage Of PSA Detention Order Even Before Its Execution
2 years, 5 months ago

J&K&L High Court Orders Probe By Anti-Corruption Bureau Into Leakage Of PSA Detention Order Even Before Its Execution

Live Law  

Jammu and Kashmir & Ladakh High Court on Tuesday took strong exception to leakage of a detention order passed under Public Safety Act and ordered a probe by J&K Anti corruption bureau as to how the documents landed the hands of the detenu even before its execution. A bench comprising Justice Rajnesh Oswal was hearing a plea filed by the …

Preventive Detention Cannot Be Made By Stating Vague Grounds: Jammu And Kashmir High Court
2 years, 7 months ago

Preventive Detention Cannot Be Made By Stating Vague Grounds: Jammu And Kashmir High Court

Live Law  

The Jammu and Kashmir High Court recently quashed an order for detention while observing that detention in preventive custody on the basis of such vague and ambiguous grounds of detention cannot be justified. Petitioner submitted that the allegations made in the grounds of detention are vague and indefinite and no prudent man can make an effective representation against these allegations …

Non-Supply Of Vital Documents To Detenue Hampers His Right To Make Representation: J&K&L High Court Quashes Preventive Detention Order
2 years, 8 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 …

Preventive Detention Is Based On Suspicion Or Anticipation & Not On Proof: J&K&L High Court Upholds A Detention Order
2 years, 10 months ago

Preventive Detention Is Based On Suspicion Or Anticipation & Not On Proof: J&K&L High Court Upholds A Detention Order

Live Law  

While upholding a detention order, the Jammu and Kashmir and Ladakh High Court recently observed that our Constitution guarantees various freedoms and personal liberty to all persons in our Republic, however, the constitutional guarantee of such freedoms and liberty is not meant to be abused and misused. Court's observations At the outset, the court stressed that the essential concept of …

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