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 inasmuch as case mentioned in grounds of detention has no nexus with detenu and detaining authority has not given any reasonable justification to pass impugned order. "The Constitutional imperatives of Article 22 and the dual obligation imposed on the authority making the order of preventive detention, are twofold: The detaining authority must, as soon as may be, i.e. "Even if one of the grounds or reasons, which led to the subjective satisfaction of the detaining authority, is non-existent or misconceived or irrelevant, the order of detention would be invalid.

History of this topic

Preventive Detention Must Be Invoked With All Due Care And Circumspection: J&K High Court Quashes Detention Order
1 month ago
Careful Consideration Of Grounds On Which Bail Has Been Granted To Detenue Is Critical In Preventive Detention Cases: J&K High Court
1 month, 2 weeks ago
Bail In Criminal Cases No Justification For Preventive Detention: J&K High Court Quashes Detention Order Against Ex-SMC Corporator
3 months, 1 week ago
Habeas Corpus Petitions Can't Be Allowed To Become Infructuous Due To Pendency Outlasting Period Of Detention: J&K High Court
3 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
4 months ago
Communicating Grounds For Detention In A Language Understood By Detenue Is A Constitutional Right: J&K High Court
4 months, 1 week ago
Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 15 - July 21, 2024
5 months ago
J&K High Court Imposes 10K Cost On DM Jammu For 'Unjustifiable' Preventive Detention Order
5 months ago
Cannot Utilise Previously Invalidated Grounds To Detain Individual For Issuance Of Fresh Detention Order: J&K High Court
8 months, 3 weeks ago
Courts Should Meticulously Scrutinise Procedural Norms In Preventive Detention Cases, Any Deviation From Procedure Should Favour Detenue: J&K High Court
8 months, 3 weeks ago
Punjab & Haryana High Court Issues Guidelines To Check Unnecessary Arrests; Non-Compliance Will Lead To Departmental Enquiry, Contempt Action
1 year, 2 months ago
Court Can Review Detention Orders Despite Detaining Authority's Subjective Satisfaction: Jammu & Kashmir High Court
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
1 year, 4 months ago
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 Man Accused In Srinagar DySP Lynching Case
1 year, 4 months ago
Those Responsible For National Security Sole Judges Of What Preventive Actions Are Necessary: Jammu & Kashmir High Court Upholds Detention Order
1 year, 4 months ago
'All Preventive Detention Laws Necessarily Harsh': Supreme Court Emphasises Strict Adherence To Procedure In Preventive Detention Cases
1 year, 5 months ago
Preventive Detention Law Under Legal Scrutiny in Two States: Why Is It Debated?
1 year, 5 months ago
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
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
Even Typographical Errors In Dossier Copied By Magistrate, No Application Of Mind: JKL High Court Quashes Preventive Detention Of Alleged LeT Aide
1 year, 10 months ago
Detention Order Passed For Pleasure Of Passing It, Grounds Not A Matter Of Wordplay: High Court Censures Kashmir Divisional Commissioner
1 year, 11 months ago
Grounds Of Bail Important Factor To Decide Whether Preventive Detention Of Accused Necessary: Bombay High Court
1 year, 11 months ago
District Magistrate Cannot Describe Period Of Preventive Detention, Govt's Prerogative To Do The Same : JKL High Court
2 years ago
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
Preventive Detention Will Be Vitiated By Unexplained Delay In Passing Order, Withholding Of Relevant Material : Supreme Court
2 years, 2 months ago
J&K&L High Court Weekly Round Up: September 5 To September 11, 2022
2 years, 3 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
2 years, 4 months ago
Person Arrested Under UAPA Has Bleak Chances Of Bail, Detaining Authority Must Show Compelling Reasons For His Preventive Detention: J&K&L High Court
2 years, 4 months ago
Non-Supply Of Documents Relied Upon In Detention Order Affects Detenus' Right Under Art.22(5): Kerala High Court
2 years, 6 months ago
Non-Supply Of Vital Documents To Detenue Hampers His Right To Make Representation: J&K&L High Court Quashes Preventive Detention Order
2 years, 7 months ago
Preventive Detention Cannot Be Ordered Merely Because A Person Is Implicated In A Criminal Proceeding : Supreme Court
2 years, 8 months ago
Preventive Detention Is Based On Suspicion Or Anticipation & Not On Proof: J&K&L High Court Upholds A Detention Order
2 years, 9 months ago
'Even A Single Act Against Public Peace & Order Can Be Sufficient Ground For Detention': Jammu & Kashmir & Ladakh High Court
3 years ago
Possible Apprehension Of Breach Of 'Law And Order ' Cannot Be A Ground For Preventive Detention: Supreme Court
3 years, 4 months ago
'A Jurisdiction Of Suspicion': Kerala High Court Lays Down Guidelines For Detention Under Preventive Detention Laws
3 years, 7 months ago
Jammu & Kashmir High Court Issues Notice On Plea Challenging Maximum Preventive Detention Period Under Public Safety Act
3 years, 10 months ago
Keeping Accused In Custody As Offences Alleged To Be Committed Are 'Serious' Would Amount To Inflicting Pre-Trial Punishment: Jammu & Kashmir HC
3 years, 11 months ago
"Preventive Detention Shall Not Be Decided In Slipshod Manner":Gujarat HC Issues Guidelines For State, Detaining Authority [Read Order]
4 years, 2 months ago
'If Detenue Was In Custody, It Wouldn't Have Been Possible For Him To Indulge In Stone Pelting' J&K HC Quashes A Detention Order Passed 'In A Mechanical Manner' [Read Order]
4 years, 2 months ago
Preventive Detention Laws Cannot Be Invoked By State As An Easy Way Method Bypassing The Ordinary Law: Telangana HC [Read Order]
4 years, 3 months ago
Reliance Of Both 'Security Of The State' And 'Maintenance Of Public Order' Which Are Distinct Concepts Reflect Non-Application Of Mind By The Detaining Authority : J&K HC
4 years, 3 months ago

Discover Related