3 years, 7 months ago

"Delay In Deciding Representation": Allahabad HC Quashes NSA Detention Of Accused In 'Journalist Shubham Tripathi Murder Case'

Live Law

The Allahabad High Court recently quashed the National Security Act detention of one Kanhaiya Awasthi, who is an accused in the Unnao-based journalist Shubham Mani Tripathi murder case. The Bench of Justice Ramesh Sinha and Justice Saroj Yadav quashed the NSA detention, noting that there had been a cumulative delay in disposal of Awasthi's representation by the District Magistrate, Unnao as well as Central Government. has prescribed time limit for consideration of representations, however, the Court remarked thus: "…if one looks at various provisions of N.S.A., prescribing specific periods for furnishing grounds of detention, approval of the detention by the State Government, submitting a report to the Central Government and Advisory Board, the period prescribed for considering the detention order and representations by the Advisory Board, etc. Lastly, quashing his detention, the Court opined thus: " …we are of the view that the plea of the detenue/petitioner that there is a delay in forwarding the petitioner's representation on the part of the District Magistrate, Unnao, and also delay in disposal of the petitioner's representation on the part of respondent no.1, has substance and on this count alone, the impugned detention order is liable to be quashed," the Court said.

Representation Court Detention Order Delay Central 2020 District Central Government Unnao Nsa Awasthi court district 2020 journalist murder quashes central representation hc delay nsa unnao order tripathi shubham detention awasthi

History of this topic

1 year, 2 months ago

'Bound To Generate Anger In Society': Allahabad HC Upholds NSA Detention Of Two Men Accused Of Burning 'Ramcharitmanas'

Live Law

The Allahabad High Court last week dismissed the pleas filed by two persons challenging their detention under the National Security Act on the allegations of burning copies of Hindu epic Ramcharitmanas and insulting the text. In its order, a division bench of Justice Sangeeta Chandra and Justice Narendra Kumar Johari observed that the public display of disrespect towards the Ramcharitmanas, …

1 year, 4 months ago

Cipher case: Pakistan high court issues stay order against jail trial of Imran Khan

Firstpost

A two-member bench of the Islamabad High Court comprising Justice Miangul Hassan Aurangzeb and Justice Saman Rafat Imtiaz pronounced the judgment during the hearing of Khan’s intra-court appeal against his trial in Adiala jail A Pakistan high court on Tuesday issued a stay order against the jail trial of former prime minister Imran Khan in the cipher case, as a …

1 year, 4 months ago

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

Live Law

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

1 year, 10 months ago

Supreme Court Grants Time To Delhi Police To Respond To Brinda Karat's Plea Seeking FIR Against BJP Leaders For Alleged Hate Speeches

Live Law

The Supreme Court, on Monday, granted time to the Commissioner, Delhi Police to file a counter affidavit in a plea filed by Communist Party of India leader Brinda Karat seeking registration of FIR against BJP leaders Anurag Thakur and Parvesh Verma for allegedly delivering hate speeches in 2020. A bench comprising Justices KM Joseph and BV Nagarathna was considering the …

1 year, 11 months ago

Supreme Court quashes NSA proceedings against Uttar Pradesh SP leader Yusuf Malik, pulls up State for ‘improper exercise’ of jurisdiction

The Hindu

The Supreme Court has quashed the proceedings under the National Security Act against a Samajwadi Party leader in Uttar Pradesh in a revenue dues matter, and pulled up the State for “non-application of mind” and “improper exercise” of jurisdiction. Kaul and A. Amanullah said the apex court is “quite amazed” with the exercise of power under the NSA in April …

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" …

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 …

2 years, 10 months ago

Supreme Court ruling to decide fate of 13 pending sedition cases | Details

India Today

With the Supreme Court of India granting the Centre a day to take instructions on what can be done about pending cases and how the government will handle future cases, India Today takes you through some of the cases that are currently pending in various courts across the country. Among the sedition cases currently pending in various courts are: Lok …

3 years, 2 months ago

Supreme Court Seeks UP Govt Response On Policy For Premature Release Of Prisoners Above 80 Years Old

Live Law

The Supreme Court of India has issued notice to the Uttar Pradesh Government seeking their response to whether the State has any existing policy to consider the premature release of accused who are 80 years old or above and convicted on long drawn trial. Yogeshwaran appearing on behalf of the Petitioner before a bench comprising the Chief Justice of India, …

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 …

3 years, 5 months ago

Allahabad HC Upholds NSA Detention Order Passed Against Man Accused Of Murdering Hindu Samaj Party's Kamlesh Tiwari

Live Law

The Allahabad High Court recently upheld the detention order passed under the National Security Act against one Mohseen Saleem Sheikh, who has been accused of conspiring in the 'brutal murder' of the President of the Hindu Samaj Party, Kamlesh Tiwari. Even though the period of detention is already over, the Bench of Justice Ramesh Sinha and Justice Saroj Yadav found …

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 …

4 years, 3 months ago

'Good judgment': SC refuses to interfere with Allahabad HC order quashing Kafeel Khan's detention under NSA

Firstpost

The court, however, said that its observation will not impact any other proceedings and also observed that the criminal cases against Khan will be decided on their own merits New Delhi: The Supreme Court on Thursday refused to interfere with the Allahabad High Court verdict which had quashed the detention of Dr Kafeel Khan under the National Security Act and …

4 years, 6 months ago

"Unfortunate That Adjudicating Authorities Delivering Judgments Based Upon Media Trials": MP HC Quashes NSA Detention Order For Participation In Muharram Procession [Read Order]

Live Law

The Madhya Pradesh High Court directed that the person detained to be set at liberty on the ground that the detention orders passed had not been confirmed within the statutory period of 12 days from the passing of the orders as provided in Section 3 of National Security Act, 1980 and therefore, the orders of detention were no longer in …

4 years, 6 months ago

[Breaking] Delhi HC Grants Interim Protection From Arrest To Alt News Co-Founder Mohammed Zubair In Plea Seeking Quashing Of FIR [Read Order]

Live Law

The Delhi High Court on Wednesday granted interim protection from arrest to Co-Founder of Alt News Mohammed Zubair in a plea moved by him seeking quashing of the FIR lodged against him over a tweet made by him in response to a twitter user. A Single Bench of Justice Yogesh Khanna has also directed the Delhi Government and the Deputy …

4 years, 7 months ago

Allahabad HC Seeks Replies of Centre, UP Govt in Kafeel Khan's Detention Case

News 18

The Allahabad High Court has asked the Centre and the Uttar Pradesh government to file their replies in a case seeking the release of Dr Kafeel khan, who is detained under the National Security Act for allegedly giving a provocative speech during anti-CAA protests. A bench of justices Manoj Mishra and Deepak Verma passed the order on Wednesday in a …

4 years, 8 months ago

NSA Detention Order Passed Without Knowledge That Subject Is Already In Custody Is Bad In Law: MP HC [Read Judgment]

Live Law

In a judgment delivered last week, the Madhya Pradesh High Court has ruled that an order for detention passed under the National Security Act of 1980 without the knowledge that the subject is already in custody is bad in law. It had been urged that the Police has registered three First Information Reports against the present petitioner and based upon …

4 years, 9 months ago

It is Not Necessary That Every Case Under UAPA Should Be Investigated By NIA And Be Proceeded Before a Special Court: Delhi HC [Read Order]

Live Law

Delhi High Court has upheld the decision of the Additional Sessions Judge Dharmender Rana wherein the judicial remand of Gulfisha Khatun, who was arrested for offences under Unlawful Activities Prevention Act, was extended till June 26. However, the court was informed about a subsequent development, wherein the accused's judicial remand was extended till June 26 by ASJ Dharmender Rana by …

4 years, 9 months ago

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

Live Law

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

4 years, 10 months ago

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

Live Law

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

4 years, 10 months ago

[Breaking] SC Issues Notice On Sharjeel Imam's Plea For Consolidation Of FIRs Registered Against Him By Different States

Live Law

The Supreme Court on Friday issued notice in Sharjeel Imam's plea for consolidation of FIRs filed against him across the country for investigation by a single agency.A bench of Justices Ashok Bhushan and Sanjiv Khanna directed the Delhi police to respond to the plea.The case will be posted next after ten days.Senior Advocate Siddharth Dave, appearing for Imam, submitted that …

5 years, 2 months ago

Amid anti-CAA protests, Delhi L-G extends police's detention powers under NSA; law allows cops to hold a person for 12 months sans trial

Firstpost

The Lieutenant Governor of Delhi Anil Baijal has extended the Delhi Police’s detention powers under the National Security Act, 1980, for a three-month period between 19 January and 18 April, As per The Leaflet, this is a routine order passed by the LG of Delhi after every four months. Reuters The notification, issued on 10 January 2020, to the Home …

5 years, 4 months ago

Nirbhaya case: 3 of 4 convicted to plead before Supreme Court today

India TV News

Rattled with the Tihar Jail administration's notice, three of the four convicted in the Nirbhaya gang rape case, may reach the Supreme Court on Monday.While Vinay Kumar Sharma and Akshay Kumar Singh are lodged in Tihar Jail, Pawan Kumar Gupta is imprisoned in Mandoli Jail. The four convicts were served a notice on October 28-19 asking them to file a …

5 years, 5 months ago

Deciding by NOT Deciding: Takeaways From SC’s Kashmir Hearings

The Quint

6 years, 1 month ago

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

Live Law

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

6 years, 3 months ago

Manipur Journalist Detained Under National Security Act Moves HC

Live Law

Manipur journalist Kishorchandra Wangkhem, who was detained under the National Security Act on November 27, has filed a habeas corpus petition in the Manipur High Court challenging his detention.On December 14, the Manipur Government ordered that he should be kept under detention for 12 months.He alleges that his detention under NSA is for criticizing the Manipur Government led by BJP …

6 years, 3 months ago

Manipur Journalist Detained Under National Security Act Moves HC

Live Law

7 years, 2 months ago

Delhi HC Initiates Suo Motu Petition On Letter By Missing Woman's Mother; Raps Police For Inaction [Read Order]

Live Law

The Delhi High Court recently rapped police authorities for non-registration of FIR in a case of a missing woman.The observations were made by a Bench comprising Acting Chief Justice Gita Mittal and Justice C. Hari Shankar on a suo motu petition initiated after the Chief Justice received a letter complaining about the inaction and inability of police personnel to trace …

7 years, 2 months ago

Delhi HC Initiates Suo Motu Petition On Letter By Missing Woman's Mother; Raps Police For Inaction [Read Order]

Live Law

8 years, 5 months ago

Kamlesh Tewari’s Detention Under NSA Quashed [Read Judgment]

Live Law

The Allahabad High Court has quashed the detention order of Kamlesh Tewari for his alleged derogatory remarks against a prophet under the National Security Act.A Division Bench of Justice Anant Kumar and Justice Shri Narayan Shukla heard the Habeas Corpus petition filed by him through his wife, allowed it, by observing that the state government failed to follow the provisions …

8 years, 5 months ago

Kamlesh Tewari’s Detention Under NSA Quashed [Read Judgment]

Live Law

8 years, 11 months ago

Keeping a Criminal Case pending for indefinite period amounts to violation of Constitutional Rights of Accused: Delhi HC [Read Order]

Live Law

Delhi High Court in Joginder Singh vs. State has observed that keeping a criminal case pending for indefinite period amounts to violation of constitutional rights of the accused recognized under Article 21 of the Constitution of India.Quashing the criminal cases against the accused which were pending since 1998, Justice Suresh Kait said “The petitioner is facing the trial since 1998. …

8 years, 11 months ago

Keeping a Criminal Case pending for indefinite period amounts to violation of Constitutional Rights of Accused: Delhi HC [Read Order]

Live Law

9 years ago

JNU row: HC dismisses plea for action against Kanhaiya Kumar

The Hindu

The Delhi High Court today refused to entertain a plea seeking action against JNUSU president Kanhaiya Kumar for allegedly making ‘anti-national’ remarks after being released on interim bail in a > sedition case lodged against him. The petitioner had sought direction to take necessary action on the sedition allegedly committed by Kanhaiya, and to refer the matter for further investigation …

9 years, 1 month ago

High Court rejects plea for NIA probe into JNU sedition case

The Hindu

The Delhi High Court on Tuesday >dismissed a writ petition seeking directions for probe by the National Investigation Agency into the sedition case registered against JNU Students’ Union >president Kanhaiya Kumar in connection with an event against hanging of Parliament attack convict Afzal Guru. Rejecting the petition filed by Lucknow-based lawyer Ranjana Agnihotri, the Bench of Justice Manmohan said it …

9 years, 5 months ago

No illegality if Detention under the NSA is for a single criminal case alone and even if no criminal case is registered: Allahabad HC

Live Law

The Allahabad High court has held that a person can be detained under the National Security Act for a single criminal case alone and even if no criminal case is registered. Division bench of Justices Bala Krishna Narayana and Vijay Lakshmi dismissed the Habeas Corpus petition filed by one Pankaj, praying for his release from detention. The petitioner had contended …

10 years ago

Lakhvi still in detention: Pak High Commissioner | India TV News

India TV News

Kolkata: Affirming that 2008 Mumbai attack mastermind Zakiur Rehman Lakhvi “was not released and still in detention”, Pakistan's High Commissioner in India Abdul Basit today gave assurance that the country's judiciary would take action against him. “I want to tell you that Mr Lakhvi has not been released, he was in detention and continues to be in detention,” Basit said …

10 years, 2 months ago

Pakistan SC forms bench to hear Lakhvi's case

India TV News

Islamabad: Pakistan Supreme Court on Monday formed a two member bench to hear the detention case of alleged mastermind of the 26/11 Mumbai attacks, Zakiur Rehman Lakhvi, media reported. Earlier, Interior Ministry challenged the Islamabad High Court's decision to suspend the detention order of Lakhvi in the Supreme Court. Lakhvi was arrested in February 2009 and indicted along with six …

10 years, 2 months ago

26/11 plotter Lakhvi gets 14-day judicial custody after Pak opposes bail

Firstpost

Zaki-ur-Rehman Lakhvi, who has been remanded to police custody in an abduction case, challenged his detention on charges of kidnapping in a Pakistani court. Mumbai 26/11 terror attack mastermind Zaki-ur Rehman Lakhvi was sent in 14-day judicial custody after Pakistan government on Thursday challenged Islamabad High Court’s order suspending Mumbai attack mastermind Zaki-ur Rehman Lakhvi’s detention under a public security …

11 years, 1 month ago

HC quashes PDK leader Kolathur Mani's detention under NSA

India TV News

Chennai: More than four months after his detention under National Security Act, Periyar Dravidar Kazhagam leader Kolathur Mani's detention under the act was quashed today by the Madras High Court. A division bench, comprising Justices S Rajeswaran and P N Prakash quashed the detention today.Mani was brought under preventive detention in an order dated October 18, 2013 order, as authorities …

12 years, 4 months ago

Prosecution in Pakistan seeks speedy trial in 26/11 case

India TV News

Islamabad, Nov 3: Day-to-day hearings should be held for an early decision in the Mumbai attack case in Pakistan involving LeT's Zakiur Rehman Lakhvi and six other suspects, the prosecution has demanded, prompting the court holding the trial to issue notices to the accused to respond to this. Judge Chaudhry Habib-ur-Rehman of the Rawalpindi-based anti-terrorism court today listed the application …

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