Person Confined Under Preventive Detention Law In Jammu & Kashmir Not Released Despite High Court's Quashing Order Passed Over A Year Ago
1 year, 9 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 this writ petition, a very disturbing scenario has been presented before this Court which cannot be left to be dealt with in a routine manner except at the cost of undermining the Rule of Law which is meant to govern and is governing this Country irrespective of place or region" Justice Bharti passed these directions while hearing the petitioner, through his father, who invited the court's attention to the fact that despite an order quashing his preventive detention last year, the petitioner continues to remain unlawfully confined by the respondents. Consequently, the court quashed the detention order and directed the respondents of the writ petition to release the petitioner immediately if not required in any other case. Recognizing the seriousness of the case and the violation of the petitioner's fundamental rights guaranteed under Article 21 of the Indian Constitution, the bench issued notice to the District Magistrate of Baramulla directed him to produce the petitioner before the court on the next date of hearing, where the District Magistrate himself is also required to be present in person.

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History of this topic

Curfew Imposed in Manipur District
2 days, 7 hours ago

Curfew Imposed in Manipur District

Deccan Chronicle  

Guwahati/New Delhi: The state administration on Monday imposed prohibitory orders in Churachandpur district of Manipur following tension between communities over the assault of a Hmar leader by unknown miscreants. The prohibitory orders said: “Whereas reports have been received from the superintendent of police, Churachandpur, indicating a serious apprehension of a breach of law and order in the district, which is …

Preventive Detention Order To Be Quashed When Passed Without Considering Bail Granted By Magistrate : Supreme Court
1 week, 2 days ago

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

Live Law  

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

Unexplained Delay In Issuing Preventive Detention Order Casts Doubt On Magistrate's Subjective Satisfaction: J&K High Court
1 week, 5 days ago

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

Live Law  

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

Unexplained Delay In Issuing Preventive Detention Order Casts Doubt On Magistrate's Subjective Satisfaction: J&K High Court
1 week, 5 days ago

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

Live Law  

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

Preventive Detention Cannot Be Used As A Short-Cut Method When Cancellation Of Bail Is An Available Remedy: J&K High Court
1 week, 6 days ago

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

Live Law  

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

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

Preventive detention ‘draconian’ measure, needs safeguards: SC

Hindustan Times  

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

Article 22(5) | Preventive Detention Order Unconstitutional If All Grounds Of Detention Are Not Communicated To Detenu: Orissa High Court
3 weeks, 2 days ago

Article 22(5) | Preventive Detention Order Unconstitutional If All Grounds Of Detention Are Not Communicated To Detenu: Orissa High Court

Live Law  

The Orissa High Court has reiterated that a preventive detention order shall be rendered unconstitutional for being violative of Article 22 of the Constitution if it does not specify each and every ground based upon which the order of detention was passed against the detenu. While setting aside a preventive detention order issued against the petitioner, who is accused of …

If Peace-Loving Citizens Are Treated Harshly Under Preventive Detention Law, No 'Peace' Will Be Left: J&K HC Quashes Detention Order Of Journalist
3 weeks, 5 days ago

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

Live Law  

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

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

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

Deccan Chronicle  

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

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

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

The Hindu  

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

Withdrawing Of Appointment Without Holding Inquiry Is Illegal Even During Probationary Period: J&K High Court
1 month ago

Withdrawing Of Appointment Without Holding Inquiry Is Illegal Even During Probationary Period: J&K High Court

Live Law  

The Jammu and Kashmir High Court has held that withdrawing the appointment order of an employee without conducting an inquiry is illegal, even if the said employee is in the probationary period. The court ruled that the mere pendency of a criminal case would not justify withdrawing the appointment without holding an inquiry. It ruled that the mere pendency of …

Supreme Court Gives Union Time To Take Decision On Policy For Premature Release Of Convicts In Jammu & Kashmir
1 month ago

Supreme Court Gives Union Time To Take Decision On Policy For Premature Release Of Convicts In Jammu & Kashmir

Live Law  

In the matter where the Supreme Court nudged Jammu and Kashmir administration to frame a policy for premature release of convicts, the UT administration has filed a Report, taking into account which the Union was today given 4 weeks' time to take appropriate decision.A bench of Justices Surya Kant and N Kotiswar Singh heard the matter and passed the order, …

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

High Court quashes preventive detention of Nanded resident accused of extortion

India Today  

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

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

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

Live Law  

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

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

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

Live Law  

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

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

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

Live Law  

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

An Individual Can't Be Subjected To Preventive Detention Just Because They Participated In Political Rally Which Turned Violent: Bombay HC
1 month, 2 weeks ago

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

Live Law  

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

Calcutta High Court Directs Release Of Prisoner Left 'Languishing' In Jail After Dept Failed To Find His File For Premature Release
2 months ago

Calcutta High Court Directs Release Of Prisoner Left 'Languishing' In Jail After Dept Failed To Find His File For Premature Release

Live Law  

The Calcutta High Court has directed the release of a prisoner who was left languishing in jail after the authorities were unable to find the proper paperwork to allow for his premature release, which had been earlier granted.Justice Shampa Sarkar said: The Judicial Department is unable to locate the file and the applicant No.1 is languishing in the correctional home …

Jharkhand High Court Quashes Prevention Detention Based On Station Diary Entries, Questions State For Not Lodging FIR If Crime Was Made Out
2 months, 1 week ago

Jharkhand High Court Quashes Prevention Detention Based On Station Diary Entries, Questions State For Not Lodging FIR If Crime Was Made Out

Live Law  

" So far as the Station Diary Entries are concerned, it is an admitted case that those have not culminated in any criminal case. It is surprising that if the acts mentioned in the Station Diary Entries are criminal acts and are cognizable in nature, then why the State has not filed any First Information Report. The court pointed out …

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

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

Live Law  

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

NSA | One Day Delay In Reporting To Centre About Preventive Detention Order Not Substantial: Punjab & Haryana High Court
2 months, 1 week ago

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

Live Law  

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

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

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

The Hindu  

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

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

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

Hindustan Times  

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

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

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

Live Law  

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

Continued Detention Of Saudi Born "Rohingya Refugee" In Jail Despite Completion Of Sentence Violates Article 21: Madhya Pradesh High Court
3 months ago

Continued Detention Of Saudi Born "Rohingya Refugee" In Jail Despite Completion Of Sentence Violates Article 21: Madhya Pradesh High Court

Live Law  

While considering the case of a man–born in Saudi Arabia and claiming to be a Rohingya refugee–the Gwalior Bench of Madhya Pradesh High Court said that his detention in the city's Central jail after completion of his sentence for allegedly having a foreign passport violated his right to life under Article 21 of the Constitution of India. The District Collector, …

‘Raining FIRS’: Supreme Court grants arrest shield to YSR Cong’s Sajjala B Reddy
Top News
3 months, 2 weeks ago

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

Hindustan Times  

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

Judicial Orders Mandating Incarceration- Recent Trend Of Imposition Of Restriction On Filing A Subsequent Bail Petition
3 months, 2 weeks ago

Judicial Orders Mandating Incarceration- Recent Trend Of Imposition Of Restriction On Filing A Subsequent Bail Petition

Live Law  

The fixing of time for concluding the trial and renewing the Bail application after a certain time became a generally inevitable part of criminal jurisprudence of the High Courts of India and the Supreme Court while deciding Regular Bail Petitions. To de-valuing of clean hand of the accused, facts, circumstance and stage of the case and fixing time for subsequent …

Preventive Detention Must Be Invoked With All Due Care And Circumspection: J&K High Court Quashes Detention Order
3 months, 3 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 Keeps In Abeyance Its Order On Arrest Of Prisoners Who Were Given Premature Release In UP
Trending News
4 months ago

Supreme Court Keeps In Abeyance Its Order On Arrest Of Prisoners Who Were Given Premature Release In UP

Live Law  

The Supreme Court has kept in abeyance its order requiring the arrest of prisoners who were given premature release in Uttar Pradesh based on a January 10 order of the Allahabad High Court. In this case, a bench of Justices J.K. Maheshwari and Rajesh Bindal on October 15 directed the Additional Chief Secretary, Home, Government of Uttar Pradesh, to file …

Supreme Court Keeps In Abeyance Its Order On Arrest Of Prisoners Who Were Given Premature Release In UP
Trending News
4 months ago

Supreme Court Keeps In Abeyance Its Order On Arrest Of Prisoners Who Were Given Premature Release In UP

Live Law  

The Supreme Court has kept in abeyance its order requiring the arrest of prisoners who were given premature release in Uttar Pradesh based on a January 10 order of the Allahabad High Court. In this case, a bench of Justices J.K. Maheshwari and Rajesh Bindal on October 15 directed the Additional Chief Secretary, Home, Government of Uttar Pradesh, to file …

Supreme Court Asks Jammu & Kashmir UT To Frame Policy On Premature Release Of Convicts
4 months, 1 week 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
4 months, 1 week 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 …

Supreme Court comes to the rescue of man languishing in prison despite bail
6 months ago

Supreme Court comes to the rescue of man languishing in prison despite bail

The Hindu  

The Supreme Court set at liberty a man languishing in jail for four months after he got bail from the apex court due to his inability to furnish a local surety on Wednesday. A three-judge Bench headed by Justice Hrishikesh Roy directed the release of Ramchandra Thangappan Aachari, represented by advocates Neha Rathi and Pranav Sachdeva, on bail on his …

Bail In Criminal Cases No Justification For Preventive Detention: J&K High Court Quashes Detention Order Against Ex-SMC Corporator
6 months 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
6 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
6 months, 2 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 …

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

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

Live Law  

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

'No Sufficient Cause Was Shown Before Passing Detention Order': Patna High Court Orders Release Of Detenue Arrested Under PITNDPS Act
7 months ago

'No Sufficient Cause Was Shown Before Passing Detention Order': Patna High Court Orders Release Of Detenue Arrested Under PITNDPS Act

Live Law  

The Patna High Court on Wednesday ordered the release of a detenue who was detained pursuant to the order passed by the Joint Secretary, Government of India, under Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. The release was ordered because the opinion of the advisory board recommending the detention of the …

Communicating Grounds For Detention In A Language Understood By Detenue Is A Constitutional Right: J&K High Court
7 months 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
7 months, 3 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 High Court Imposes 10K Cost On DM Jammu For 'Unjustifiable' Preventive Detention Order
8 months 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 …

Savukku Shankar’s Goondas detention: Chennai Police ask third judge to refer petition against detention back to a Division Bench
9 months, 1 week 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 …

Not Detenue's Burden To Correct Typographical Error In FIR: J&K High Court Quashes Detention Order Due to Lapses By Authorities
11 months, 2 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 …

Cannot Utilise Previously Invalidated Grounds To Detain Individual For Issuance Of Fresh Detention Order: J&K High Court
11 months, 2 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 …

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 …

High Court Directs Personal Appearance Of Jammu's Divisional Commissioner Over Repeated Failure To Produce Detention Records
1 year, 5 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 …

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, 5 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, 5 months ago

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

Live Law  

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

Court Can Review Detention Orders Despite Detaining Authority's Subjective Satisfaction: Jammu & Kashmir High Court
1 year, 6 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 …

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