14 Days Inordinate & Unexplained Delay In Considering Detainee's Representation Sufficient To Quash Preventive Detention Order: Madras HC
2 years, 4 months ago

14 Days Inordinate & Unexplained Delay In Considering Detainee's Representation Sufficient To Quash Preventive Detention Order: Madras HC

Live Law  

The Madras High Court recently set aside a preventive detention order after observing that there was an inordinate and unexplained delay of 14 days in considering the representation made on behalf of the detenu.In the subject case, admittedly, there is an inordinate and unexplained delay of 14 days in considering the representation by the Hon'ble Minister for Home, Prohibition and. The Madras High Court recently set aside a preventive detention order after observing that there was an inordinate and unexplained delay of 14 days in considering the representation made on behalf of the detenu. In the subject case, admittedly, there is an inordinate and unexplained delay of 14 days in considering the representation by the Hon'ble Minister for Home, Prohibition and Excise Department. The court relied on the decisions of Supreme Court in Rekha v State of Tamil Nadu, Tara Chand v State of Rajasthan and others and the decision of the Madras High Court in Sumaiya v The Secretary to Government where the court has repeatedly held that unexplained delay renders the very detention illegal and is sufficient for setting aside the detention order.

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History of this topic

Delay Of Over 3 Months In Considering Detenue's Representation Breaches Statutory Requirements, Renders Detention Invalid: J&K High Court
5 days, 13 hours ago

Delay Of Over 3 Months In Considering Detenue's Representation Breaches Statutory Requirements, Renders Detention Invalid: J&K High Court

Live Law  

The Jammu and Kashmir High Court ruled that a delay of more than three months in considering a detenue's representation breaches statutory requirements under Section 13 of the J&K Public Safety Act which renders detention invalid. The court relied on Sarabjeet Singh Mokha vs. District Magistrate, Jabalpur and others” wherein court held that failure of the government to communicate rejection …

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

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

Live Law  

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

Detention Of Accused For More Than 6 Years As 'Undertrial' Is Infringement Of Right To Speedy Trial: Orissa High Court
1 month, 1 week ago

Detention Of Accused For More Than 6 Years As 'Undertrial' Is Infringement Of Right To Speedy Trial: Orissa High Court

Live Law  

The Orissa High Court has held that detention of an accused as an undertrial for more than six years can be considered as violation of right to speedy trial as guaranteed under Article 21 of the Constitution. While granting bail to a person accused of duping gullible investors of crores of rupees, the Single Bench of Justice Gourishankar Satapathy observed …

Prisoners can be granted leave irrespective of their pending appeals against conviction, rules Madras High Court
1 month, 3 weeks ago

Prisoners can be granted leave irrespective of their pending appeals against conviction, rules Madras High Court

The Hindu  

Convicts can be granted ordinary as well as emergency leave even if their appeals, against the conviction, were pending either before the High Court or the Supreme Court provided they were not facing trial in any other case, a Full Bench of the Madras High Court has held. The Full Bench agreed with State Public Prosecutor Hasan Mohamed Jinnah that …

Mere Passing Of Detention Order Against An Individual Cannot Be A Bar For Deciding His Bail Application: Madras High Court
2 months, 1 week ago

Mere Passing Of Detention Order Against An Individual Cannot Be A Bar For Deciding His Bail Application: Madras High Court

Live Law  

The Madras High Court has held that passing of a detention order against an individual cannot be a bar on the Court to decide such person's bail application. However, noting that the detention order could not be a bar, the court said that the bail order would stand and gave liberty to the man to work out his remedy against …

Corruption By Prison Officials: Madras High Court Asks Govt To Take Strict Action, Rejects Anticipatory Bail Plea Of Former Prison Superintendent
Trending News
2 months, 3 weeks ago

Corruption By Prison Officials: Madras High Court Asks Govt To Take Strict Action, Rejects Anticipatory Bail Plea Of Former Prison Superintendent

Live Law  

The Madras High Court has directed the State Government to take strict action, including suspension against prison officials who have been involved in misappropriation of public funds to the tune of Rs. The court also recorded the report filed by the Inspector of DVAC who informed the court that around Rs 1.64 crore worth of stationary had not been supplied …

Sanction to prosecute delayed in many corruption cases says Madurai Bench of the Madras HC
3 months ago

Sanction to prosecute delayed in many corruption cases says Madurai Bench of the Madras HC

New Indian Express  

MADURAI: Files for according of Sanction to Prosecute have been pending in various offices, from the Tamil Nadu chief secretary to low-level sanctioning officers and even the governor’s office, the Madurai Bench of the Madras High Court observed. Dismissing a quash petition, Justice K K Ramakrishnan said this delay has exceeded the time limit mentioned in the provisions concerned as …

Ensure release of prisoners languishing unnecessarily in jails: HC
3 months, 3 weeks ago

Ensure release of prisoners languishing unnecessarily in jails: HC

Deccan Chronicle  

The Madras High Court has asked its Registrar General to ensure that the process for release of prisoners languishing unnecessarily in jails was accelerated by completing the formalities.Filing of necessary petitions through the Legal Aid Services before the competent court should also be ensured.A division bench comprising Justices S M Subramaniam and M Jyothiraman passed the order on Monday on …

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

Savukku Shankar’s Goondas detention: Chennai Police ask third judge to refer petition against detention back to a Division Bench
9 months, 3 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 HC delivers split verdict on legality of detention of 'Savukku' Shankar under Goondas Act
10 months, 1 week 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 …

Not Detenue's Burden To Correct Typographical Error In FIR: J&K High Court Quashes Detention Order Due to Lapses By Authorities
11 months, 3 weeks ago

Not Detenue's Burden To Correct Typographical Error In FIR: J&K High Court Quashes Detention Order Due to Lapses By Authorities

Live Law  

Highlighting the importance of due diligence by authorities, the Jammu and Kashmir and Ladakh High Court has quashed the detention order of a resident of Baramulla, Kashmir. A bench of Justice Rahul Bharti found several lapses by the authorities, including a critical mistake in the FIR reference, which rendered the detention order unsustainable. “This omission with respect to wrong mentioning …

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

Mere Involvement In Sexual Offence Not Sufficient: Supreme Court Quashes Preventive Detention Order
1 year ago

Mere Involvement In Sexual Offence Not Sufficient: Supreme Court Quashes Preventive Detention Order

Live Law  

In a case involving allegations of rape and extortion, the Supreme Court recently quashed a preventive detention order under the Telangana Prevention of Dangerous Activities Act, 1986 observing that mere involvement in a sexual offence is not itself sufficient to invoke Section 3 of the Act. In the facts of the case, the Court was of the view that based …

Madras High Court Service Law Digest 2023
1 year, 2 months ago

Madras High Court Service Law Digest 2023

Live Law  

Madras High Court Restraints TANGEDCO Employees From Going On Strike, Says Essential Services Will Be Affected Case Title: A Saravanan v. The State of Tamil Nadu and others Citation: 2023 LiveLaw 11 The Madras High Court has temporarily restrained the employees of the Tamil Nadu Generation and Distribution Corporation Limited from going on a strike on January 10 or on …

Unexplained Delay In Detention Order Execution Raises Doubt On Detaining Authority's Subjective Satisfaction: J&K High Court
1 year, 3 months ago

Unexplained Delay In Detention Order Execution Raises Doubt On Detaining Authority's Subjective Satisfaction: J&K High Court

Live Law  

Upholding basic rights and safeguards against arbitrary detention, the Jammu and Kashmir and Ladakh High Court has quashed a detention order of a detenue citing an unexplained delay in executing the order as casting doubt on the detaining authority's genuine concerns. Allowing a Habeas Corpus petition Justice Sanjay Dhar observed, “When there is an unsatisfactory and unexplained delay in executing …

Orders Passed Under S.194 CrPC Purely Administrative, Cannot Be Questioned Unless Apparently Illegal: Madras High Court
1 year, 3 months ago

Orders Passed Under S.194 CrPC Purely Administrative, Cannot Be Questioned Unless Apparently Illegal: Madras High Court

Live Law  

The Madras High Court recently observed that the orders passed under Section 194 of the Code of Criminal Procedure are purely administrative in nature and cannot be challenged unless they are apparently illegal and passed without any application of mind. Justice G Ilangovan of the Madurai bench dismissed a plea preferred by an accused seeking for transfer of his trial …

Challenging Detention Orders, Getting Stay Before Execution May Prevent Proper Examination Of Evidence: J&K High Court
1 year, 5 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 …

Article 22(4) | State Must Confirm Order Under Kerala Anti-Social Activities Prevention Act Within 3 Months From Detention: High Court
1 year, 6 months ago

Article 22(4) | State Must Confirm Order Under Kerala Anti-Social Activities Prevention Act Within 3 Months From Detention: High Court

Live Law  

The Kerala High Court on Wednesday declared that the State Government ought to confirm the detention order issued under the Kerala Anti-Social Activities Act, 2007 within 3 months from the date of its execution.The Division Bench comprising Justice Anu Sivaraman and Justice C. Jayachandran observed that while Article 22 of the Constitution does not create. The Kerala High Court on …

Madras High Court Quashes Lawyer’s Detention Under COFEPOSA, Says Live And Proximate Link Had Snapped
1 year, 6 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 …

Madras High Court Suspends Sentence Of IAS Officer, Others In Contempt Case
1 year, 7 months ago

Madras High Court Suspends Sentence Of IAS Officer, Others In Contempt Case

Live Law  

The Madras High Court has suspended the order of imprisonment against IAS officer Pradeep Yadav and two others in the contempt case for failure to implement court orders while he was holding the post of the Principal Secretary to the School Education Department.The division bench of Justice SS Sundar and Justice Bharatha Chakravarthy of the Madurai bench suspended the sentence …

KAAPA | Detention Order Can't Be Issued Without Determining Sufficiency Of Bail Conditions Already Imposed On Accused: Kerala High Court
1 year, 8 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 …

Unexplained Delay In Issuing Detention Order After Last Prejudicial Activity Of Detenu Is Ground For Quashing: Kerala High Court
1 year, 9 months ago

Unexplained Delay In Issuing Detention Order After Last Prejudicial Activity Of Detenu Is Ground For Quashing: Kerala High Court

Live Law  

The Kerala High Court on Monday held that a detention order issued against a person can be quashed on the basis of unexplained delay in issuing the order of detention after the last prejudicial activity of the detenu, as per the Kerala Anti-Social Activities Act, 2007. In other words, an unexplained delay in issuing the order of detention after the …

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

'Oppressive & Unwarranted': Allahabad HC Quashes Criminal Proceedings Pending For 18 Yrs Against An Electricity Theft Accused
2 years, 2 months ago

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

Live Law  

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

UAPA & Preventive Detention: Important High Court Judgments 2022
2 years, 2 months ago

UAPA & Preventive Detention: Important High Court Judgments 2022

Live Law  

LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. Preventive Detention Not Tenable When Other Penal Laws Sufficient To Deal With The Situation: Gujarat High Court Case Title: Dilip Bhavanishankar Yadav v. State Of Gujarat Case Citation: 2022 LiveLaw 85 "Unless and until, the material is there to make outa case that the …

District Magistrate Cannot Describe Period Of Preventive Detention, Govt's Prerogative To Do The Same : JKL High Court
2 years, 3 months 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 …

Unexplained Inordinate Delay Can Be A Very Crucial Factor For Quashing A Criminal Complaint: Supreme Court
2 years, 3 months ago

Unexplained Inordinate Delay Can Be A Very Crucial Factor For Quashing A Criminal Complaint: Supreme Court

Live Law  

The Supreme Court observed that unexplained inordinate delay can be considered as a 'very crucial factor' for quashing a criminal complaint.The law, is meant to exist as a shield to protect the innocent, rather than it being used as a sword to threaten them, the bench of Justices Krishna Murari and S. Ravindra Bhat observed.In this case, in the year …

Preventive detention cannot be normalised
2 years, 3 months ago

Preventive detention cannot be normalised

Hindustan Times  

newLast month, the Madras high court passed a very important judgment on the issue of preventive detention. Thus, identifying what had essentially become an unconstitutional state of affairs, the court then held that a preventive detention order would be set aside unless the State could demonstrate that ordinary criminal law was insufficient to address the issue. The court, therefore, found …

KAAPA | Detaining Authority Duty-Bound To Consider Previous Opinion Of Advisory Board; Non-Consideration Of Relevant Materials Fatal: Kerala HC
2 years, 4 months ago

KAAPA | Detaining Authority Duty-Bound To Consider Previous Opinion Of Advisory Board; Non-Consideration Of Relevant Materials Fatal: Kerala HC

Live Law  

The Kerala High Court recently held that the previous opinion of the Advisory Board, which led to the revocation of the earlier detention order, and even the revocation of such detention order, are crucial materials which ought to be examined and considered by the detaining authority before it takes a decision for another detention under the Kerala Anti-Social Activities. The …

Preventive Detention Will Be Vitiated By Unexplained Delay In Passing Order, Withholding Of Relevant Material : Supreme Court
2 years, 5 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, …

Article 22(5): Delay In Considering Representation Against Detention Order A Ground To Nullify It, Says Karnataka HC
2 years, 6 months ago

Article 22(5): Delay In Considering Representation Against Detention Order A Ground To Nullify It, Says Karnataka HC

Live Law  

The Karnataka High Court has said that delayed consideration by authorities of the representation made by a detenu amounts to violation of Article 22 of the Constitution of India and constitutes a ground to nullify the order of detention. Jayamma vs. Commissioner of Police, Bengaluru and Leelavathi vs. Commissioner of Police, Bengaluru & others, the bench said: "A duty is …

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. …

Delay In Consideration Of Representations By Statutory Authorities Amounts To Dereliction Of Duty: Madras High Court
2 years, 9 months ago

Delay In Consideration Of Representations By Statutory Authorities Amounts To Dereliction Of Duty: Madras High Court

Live Law  

The Madras High Court recently observed that whenever complaints are made to the Statutory Authorities, they are expected to act upon the same and not keep it pending indefinitely. The authorities are expected to consider the matter on merits and pass appropriate orders in reasonable time.Justice MS Ramesh of the Madurai Bench observed as follows:"It is needless to point out …

Non-Supply Of Documents Relied Upon In Detention Order Affects Detenus' Right Under Art.22(5): Kerala High Court
2 years, 9 months ago

Non-Supply Of Documents Relied Upon In Detention Order Affects Detenus' Right Under Art.22(5): Kerala High Court

Live Law  

The Kerala High Court has recently ruled that failure to supply the documents which were relied upon by the detaining authority for arriving at the subjective satisfaction to pass the detention order affects the rights of the detenus under Article 22 of the Constitution of India, particularly when they were specifically requested for by them. The Court noted that the …

Litigant Should Not Be Penalised For Advocate's Misconduct: Calcutta HC Condones 9 Yrs Delay In Filing Revision Plea, Imposes ₹10K Cost
2 years, 9 months ago

Litigant Should Not Be Penalised For Advocate's Misconduct: Calcutta HC Condones 9 Yrs Delay In Filing Revision Plea, Imposes ₹10K Cost

Live Law  

The Calcutta High Court on Thursday opined that a litigant should not be penalised for the misconduct of his advocate and accordingly allowed an application seeking condonation of delay of about 9 years and 4 months in filing the revision petition.The counsel appearing for the petitioner submitted before Justice Kaushik Chanda that the petitioner had not been informed by his …

Uncondonable Delay Cannot Be Condoned In A Routine Manner: Madras High Court
2 years, 11 months ago

Uncondonable Delay Cannot Be Condoned In A Routine Manner: Madras High Court

Live Law  

The Madras High Court has held that the Law of Limitation is substantive and that the litigations and appeals are to be filed within the period of limitation as contemplated under the Statutes. Justice S.M Subramaniam of the Madurai Bench was hearing a petition filed under Order XLI Rule 3A of the Code of Civil Procedure to condone the delay …

Madhya Pradesh High Court Quashes Order Of Preventive Detention As District Magistrate Failed To Forward The Order To Govt. Forthwith
3 years, 1 month ago

Madhya Pradesh High Court Quashes Order Of Preventive Detention As District Magistrate Failed To Forward The Order To Govt. Forthwith

Live Law  

The High Court of Madhya Pradesh recently set aside the order of preventive detention passed by the District Magistrate, holding that he failed to discharge his obligation, in as much as forwarding the case to the State Government after nearly 10 days of passing the respective order. Bansal was essentially dealing with a writ petition filed by the Petitioner, wherein …

"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 …

National Security Act: Failure To Communicate Rejection Of Detenu's Representation In Time Bound Manner Will Vitiate Detention Order : Supreme Court
3 years, 5 months ago

National Security Act: Failure To Communicate Rejection Of Detenu's Representation In Time Bound Manner Will Vitiate Detention Order : Supreme Court

Live Law  

The Supreme Court observed that failure of Government to communicate rejection of a detenu's representation in a time-bound manner is sufficient to vitiate the order of detention passed under National Security Act.The three judges bench headed by Justice DY Chandrachud said that the detenu has right to have his representation considered expeditiously- failing which the detention order would. The Supreme …

The Concept Of 'Detention' Under Section 167 (2) Cr.P.C. And Its Scope, Range And Legality – Part - II [Webinar Video And Notes]
3 years, 5 months ago

The Concept Of 'Detention' Under Section 167 (2) Cr.P.C. And Its Scope, Range And Legality – Part - II [Webinar Video And Notes]

Live Law  

Whether it is permissible for the Magistrate to grant "police custody" of the accused in the same case after the first 15 days of detention. Whether the bar against granting "police custody" beyond the first 15 days of detention under Clause of the first proviso to Section 167 Cr.P.C. Whether it will be illegal if a Magistrate orders "house arrest" …

[ISRO Espionage] Time Limit On Siby Mathew's Pre-Arrest Bail Order: Kerala High Court Seeks CBI Response
3 years, 6 months ago

[ISRO Espionage] Time Limit On Siby Mathew's Pre-Arrest Bail Order: Kerala High Court Seeks CBI Response

Live Law  

The Kerala High Court sought the response of the Central Bureau of Investigation regarding the order of the Sessions Court dated 24th August which imposed a time limit imposed on the pre-arrest bail granted to former DGP Siby Mathews, an accused in the ISRO espionage case.Justice K Haripal listed the matter on October 21st for further consideration. The Kerala High …

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 …

Detention Order Must Contain Prospects Of Detenu's Release On Bail & Apprehension Of Indulgence In Prejudicial Activities: MP High Court
3 years, 8 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 …

Develop A Web Portal For Tracking Representations & Avoiding Delays: Madras High Court
3 years, 8 months ago

Develop A Web Portal For Tracking Representations & Avoiding Delays: Madras High Court

Live Law  

Taking strong objection against inordinate delay in considering the representation of the detenus, the Madras High Court directed the State of Tamil Nadu to establish a dedicated web portal and use technologies such as e-mail, fax or WhatsApp to track their movement and avoid delays.A division bench of Justices K.Kalyanasundamaram and B.Pugalendhi noted that despite passing of several orders. Taking …

Preventive Detention- Karnataka High Court Issues Guidelines On Consideration Of Detenu's Representation
3 years, 8 months ago

Preventive Detention- Karnataka High Court Issues Guidelines On Consideration Of Detenu's Representation

Live Law  

The Karnataka High Court has held that "consideration of a representation made by a detenu, post confirmation of the order of preventive detention is to be read into the principles of natural justice and also Article 21 of the Constitution. A division bench of Justice B V Nagarathna and Justice Hanchate Sanjeevkumar, while allowing a petition filed by Rizwan Pasha …

Plea To Extend Judge's Tenure Conducting Murder Trial: "No Impediment To Successor Taking Over Matter": Madras HC Orders Trial Completion By July
3 years, 9 months ago

Plea To Extend Judge's Tenure Conducting Murder Trial: "No Impediment To Successor Taking Over Matter": Madras HC Orders Trial Completion By July

Live Law  

Noting that there may not be an impediment to the successor-in-office taking over the matter and dealing with the same in accordance with the law, the Madras High Court on Monday refused to extend the Tenure of a Judge conducting a murder trial.The Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy was hearing a plea seeking extension of …

'A Jurisdiction Of Suspicion': Kerala High Court Lays Down Guidelines For Detention Under Preventive Detention Laws
3 years, 11 months ago

'A Jurisdiction Of Suspicion': Kerala High Court Lays Down Guidelines For Detention Under Preventive Detention Laws

Live Law  

In a detailed judgment, the Kerala High Court recently prescribed safeguards against arbitrary and unjustified invasion of personal liberty in cases of preventive detention. Explaining how the procedural safeguards against preventive detention prescribed by the Constitution were to be interpreted by the High Court in matters relating to preventive detention, the bench remarks, "It is therefore that when an application …

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