J&K High Court Imposes 10K Cost On DM Jammu For 'Unjustifiable' Preventive Detention Order
8 months, 1 week 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 District Magistrate” which “deserves to be deprecated strongly.” The Court made this observation while allowing a habeas corpus petition filed by the petitioner through his wife, challenging a detention order issued under the PSA. The District Magistrate, in the preventive detention order, had stated that “maintenance of the public order always occurs in juxtapose with public safety” and that “the crime committed by the subject are grave threat to the security of the State”. The court on examining the grounds of detention found that the cases cited were “largely interpersonal” and did not substantiate the claim that the petitioner posed a significant threat to public safety or state security.

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History of this topic

Regularisation benefits: SC pulls up J&K for non-compliance of high court order
2 weeks, 6 days ago

Regularisation benefits: SC pulls up J&K for non-compliance of high court order

Hindustan Times  

The Supreme Court has censured Jammu and Kashmir officials for not complying with a high court order over the regularisation of daily-wagers and called it as a “glaring and textbook example of obstination”. A bench of justices Surya Kant and N Kotiswar Singh said instead of complying with the 2007 order of the high court for the regularisation of daily-wagers, …

Unexplained Delay In Issuing Preventive Detention Order Casts Doubt On Magistrate's Subjective Satisfaction: J&K High Court
3 weeks, 2 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
3 weeks, 2 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
3 weeks, 3 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 …

Scribe Majid Hyderi’s detention quashed: Criticism of govt policies no ground for detention, rules high court
1 month, 1 week ago

Scribe Majid Hyderi’s detention quashed: Criticism of govt policies no ground for detention, rules high court

Hindustan Times  

The High Court of Jammu & Kashmir and Ladakh has reiterated that criticism of government policies can’t be a ground for placing a person under preventive detention as it quashed the detention of Kashmiri journalist Majid Hyderi under the Public Safety Act after 17 months of incarceration. Justice Vinod Chatterji Koul, while pronouncing the judgement on Wednesday, quashed Hyderi’s detention …

J&K high court orders scribe’s release from jail
1 month, 1 week 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 High Court Cautions Against Use Of "Divorcee" Against Name Of Women In Cause Title, Says Such Pleas Would Not Be Registered
1 month, 2 weeks ago

J&K High Court Cautions Against Use Of "Divorcee" Against Name Of Women In Cause Title, Says Such Pleas Would Not Be Registered

Live Law  

The Jammu & Kashmir High Court directed practitioners/litigants to refrain from using the expression “divorcee” against the name of women in any petitions or applications in court proceedings. The Court also dismissed the review petition filed by the Petitioner, stating that the same was misconceived and that the order passed by the trial court did not suffer from any infirmity. …

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: February 3 - February 10, 2025
1 month, 2 weeks ago

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: February 3 - February 10, 2025

Live Law  

Nominal Index: Rajinder Singh Vs Abdul Aziz 2025 LiveLaw 16 Abdul Gani Akhnoor vs State of J&K 2025 LiveLaw 17 Union Territory of Jammu and Kashmir vs Farman Ali 2025 LiveLaw 18 Rathika Pruthi vs Contonment Board thr. Chief Executive Officer 2025 LiveLaw 19 Tarun Bahl vs UT of J&K 2025 LiveLaw 20 Mohammad Amin Sheikh & Khalida Begum vs. …

Preventive Detention Can Be Ordered Regardless Of Prosecution, In Anticipation Of Discharge Or Acquittal: J&K High Court
1 month, 3 weeks 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 …

Police Resorted To Public Safety Act For 'Perverted Detention', To Outmanoeuvre Courts: J&K High Court Quashes Preventive Detention Order
1 month, 3 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 …

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: January 27 - February 2, 2025
1 month, 3 weeks ago

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: January 27 - February 2, 2025

Live Law  

Nominal Index: Sunil Kumar Sharma Vs U.T of J&K 2025 LiveLaw 6 Mushtaq Ahmad Bhat Vs Sheeraza Akhtar 2025 LiveLaw 7 Union of India v. M/s Des Raj Nagpal Engineers & Contractors 2025 LiveLaw 8 Mohammad Amin Sheikh Vs Divisional Commissioner Kashmir, Srinagar 2025 LiveLaw 9 Kiran Wattal Vs UT Of J&K 2025 LiveLaw 10 State Of J&K Vs Abrar …

NSA | One Day Delay In Reporting To Centre About Preventive Detention Order Not Substantial: Punjab & Haryana High Court
2 months, 3 weeks 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, 4 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 …

"Be Sensitive": J&K High Court Urges Trial Courts To Avoid 'Copy-Paste' Practices In Bail Orders
3 months ago

"Be Sensitive": J&K High Court Urges Trial Courts To Avoid 'Copy-Paste' Practices In Bail Orders

Live Law  

The High Court of Jammu & Kashmir and Ladakh has stressed the necessity for judicial sensitivity and diligence in dealing with bail applications. Justice Dhar made these observations in a plea involving petitioner Umar Bashir Khan, who sought bail in connection with FIR registered under Sections 451, 376/511, 354, and 506 of the Ranbir Penal Code. After examining the submissions …

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

Preventive Detention Must Be Invoked With All Due Care And Circumspection: J&K High Court Quashes Detention Order
4 months, 1 week ago

Preventive Detention Must Be Invoked With All Due Care And Circumspection: J&K High Court Quashes Detention Order

Live Law  

Underscoring the sacrosanct nature of personal liberty, the High Court of Jammu & Kashmir and Ladakh quashed a preventive detention order, terming it as a product of non-application of mind and procedural lapses. The preventive detentions are made on the basis of subjective satisfaction of the detaining authority in relation to an apprehended conduct of the detenu by considering his …

Supreme Court Asks Jammu & Kashmir UT To Frame Policy On Premature Release Of Convicts
4 months, 2 weeks ago

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

Live Law  

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

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

Jammu & Kashmir And Ladakh High Court Weekly Roundup: September 9 - September 15, 2024
6 months, 1 week ago

Jammu & Kashmir And Ladakh High Court Weekly Roundup: September 9 - September 15, 2024

Live Law  

Nominal Index: Yashpal Sharma & Ors. Vs Rupali Sharma 2024 LiveLaw 253 Raman Kumar Vs UT of J&K 2024 LiveLaw 254 Sheikh Owais Tariq Vs Satvir Singh 2024 LiveLaw 255 Bharat Bhushan Jolly and ors Vs State of J&K 2024 LiveLaw 256 Rahees Hayat alias Ayaz Vs Union Territory of Jammu & Kashmir 2024 LiveLaw 257 State through P/S Pulwama …

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

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

Live Law  

The Jammu & Kashmir and Ladakh High Court has quashed the preventive detention order issued against former Srinagar Municipal Corporation Corporator Aqib Ahmad Renzu. The court held that the mere fact that Renzu had been granted bail in multiple criminal cases did not justify his detention under preventive law. In the present case, the ordinary law of land was sufficient …

Habeas Corpus Petitions Can't Be Allowed To Become Infructuous Due To Pendency Outlasting Period Of Detention: J&K High Court
6 months, 2 weeks ago

Habeas Corpus Petitions Can't Be Allowed To Become Infructuous Due To Pendency Outlasting Period Of Detention: J&K High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court ruled that a habeas corpus writ petition cannot be dismissed solely because the period of preventive detention has expired during the pendency of the case. Justice Rahul Bharti, while adjudicating the case, stated: "A habeas corpus writ petition cannot be allowed to suffer self-abortion because of its pendency outlasting the prescribed period …

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

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

Live Law  

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

Communicating Grounds For Detention In A Language Understood By Detenue Is A Constitutional Right: J&K High Court
7 months, 2 weeks ago

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

Live Law  

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

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 15 - July 21, 2024
8 months, 1 week 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 …

Cannot Utilise Previously Invalidated Grounds To Detain Individual For Issuance Of Fresh Detention Order: J&K High Court
1 year 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 …

Courts Should Meticulously Scrutinise Procedural Norms In Preventive Detention Cases, Any Deviation From Procedure Should Favour Detenue: J&K High Court
1 year ago

Courts Should Meticulously Scrutinise Procedural Norms In Preventive Detention Cases, Any Deviation From Procedure Should Favour Detenue: J&K High Court

Live Law  

Safeguarding civil liberties by quashing a detention order under the Jammu and Kashmir Public Safety Act 1978, the Jammu and Kashmir and Ladakh High Court has ruled that it is imperative for the Courts to meticulously scrutinize cases involving detention laws, ensuring strict adherence to procedural norms and safeguarding against governmental overreach. Court's Observations: Clarifying the scope of judicial review …

Jammu and Kashmir and Ladakh High Court Weekly Round-Up February 12 - February 18, 2024
1 year, 1 month ago

Jammu and Kashmir and Ladakh High Court Weekly Round-Up February 12 - February 18, 2024

Live Law  

Nominal Index: Kaka Ram Vs Mangat Ram 2024 LiveLaw 16 Executive Engineer Roads and Buildings, Bandipora Vs Nazir Ahmad Teli 2024 LiveLaw 17 Daljit Singh Vs Dhanwant Kour 2024 LiveLaw 18 Muyeeb Shafi Ganie Vs UT of J&K 2023 LiveLaw 19 Babu Ram vs Tata Project Ltd. Residential Manager and Ors 2024 LiveLaw 20 Mohammad Shafi Dar Vs Directorate of …

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 …

Court Can Review Detention Orders Despite Detaining Authority's Subjective Satisfaction: Jammu & Kashmir High Court
1 year, 7 months ago

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

Live Law  

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

Engaged In Anti-National Activities Since Tender Age: J&K High Court Upholds Detention Of Alleged Dukhtaran-e-Milat Operative
1 year, 7 months ago

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

Live Law  

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

Jammu & Kashmir High Court Upholds Preventive Detention Of Alleged Leader Of Banned Organization Jamat-e-Islami
1 year, 7 months ago

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

Live Law  

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

Jammu & Kashmir High Court Upholds Preventive Detention Of Man Accused In Srinagar DySP Lynching Case
1 year, 7 months ago

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

Live Law  

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

Those Responsible For National Security Sole Judges Of What Preventive Actions Are Necessary: Jammu & Kashmir High Court Upholds Detention Order
1 year, 7 months ago

Those Responsible For National Security Sole Judges Of What Preventive Actions Are Necessary: Jammu & Kashmir High Court Upholds Detention Order

Live Law  

The Jammu and Kashmir High Court recently emphasised on its limited scope to look into the manner in which the subjective satisfaction is arrived at by the detaining authority to order preventive detention of a person. The Petitioner in the instant case was taken into preventive custody in terms of the order of detention issued under Section 8 of the …

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: May 22 To May 28
1 year, 10 months ago

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: May 22 To May 28

Live Law  

Nominal Index Mushtaq Ahmad Dar Vs Enforcement Directorate & Ors 2023 LiveLaw 127 Suraj Chand Vs Bajaj Allianz Insurance Co. Ltd 2023 LiveLaw 128 Swarn Salaria Vs Baldev Raj Sharma & Ors. 2023 LiveLaw 129 Atta Mohd Khan Vs UT of J&K 2023 LiveLaw 130 Farooq Ahmad Parray Vs UT of J&K 2023 LiveLaw 131 Muneer Ahmad Paswal Vs Union …

Person Confined Under Preventive Detention Law In Jammu & Kashmir Not Released Despite High Court's Quashing Order Passed Over A Year Ago
1 year, 10 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 …

Contempt Of Court Case: Punjab & Haryana High Court Sentences Dismissed Punjab DSP, His Aide To 6 Months In Jail
2 years, 1 month ago

Contempt Of Court Case: Punjab & Haryana High Court Sentences Dismissed Punjab DSP, His Aide To 6 Months In Jail

Live Law  

The Punjab and Haryana High Court today sentenced dismissed Punjab Police DSP Balwinder Singh Sekhon and his aide, one Pardeep Sharma to 6 months imprisonment in the contempt case for circulating 'malicious', 'libelous', and 'derogatory' videos on social media pertaining to judicial proceedings of the Judges of the HC. The background of the case Earlier on Feb 15, the Court …

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

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

Live Law  

The Jammu and Kashmir and Ladakh High Court on Monday observed that every case in which preventive detention of any citizen of India is sought by law enforcement agencies, the same demands a very fact-sensitive and law-centric application and approach of mind.A bench of Justice Rahul Bharti quashed a preventive detention order against a detenue, who was "painted and portrayed" …

Detention Order Passed For Pleasure Of Passing It, Grounds Not A Matter Of Wordplay: High Court Censures Kashmir Divisional Commissioner
2 years, 2 months ago

Detention Order Passed For Pleasure Of Passing It, Grounds Not A Matter Of Wordplay: High Court Censures Kashmir Divisional Commissioner

Live Law  

The Jammu & Kashmir and Ladakh High Court recently quashed a detention order under Prevention of Illicit Traffic In Narcotic Drugs and Psychotropic Substances Act, observing that it seems to have been passed for the pleasure of passing an order. The court made the observations in its decision on a habeas corpus plea challenging the legality of the detention order …

J&K&L High Court Dismisses Plea By Ex-Minister Chaudhary Lal Singh Against Eviction From Government Bungalow
2 years, 3 months ago

J&K&L High Court Dismisses Plea By Ex-Minister Chaudhary Lal Singh Against Eviction From Government Bungalow

Live Law  

The Jammu and Kashmir and Ladakh High Court on Monday dismissed a plea filed by ex-minister Chaudhary Lal Singh against evicting him from the government-allotted bungalow in Jammu's Gandhi Nagar.The pronouncement came on a plea moved Lal Singh seeking injunction against his eviction till the government re-assesses the security threat to him.Earlier also, Singh had moved a plea challenging. 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 …

J&K&L High Court Weekly Round Up: September 5 To September 11, 2022
2 years, 6 months ago

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

Live Law  

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

Even If Prima Facie Case Is Established, Bail Overrides Pre-Trial Punishment: J&K&L High Court
2 years, 7 months ago

Even If Prima Facie Case Is Established, Bail Overrides Pre-Trial Punishment: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that even if prima facie case is established against an accused, the approach of the court in granting bail should be that the accused should not be detained by way of punishment as pre-trial punishment as the same clearly falls foul of the principles of criminal jurisprudence. Elaborating on the …

J&K&L High Court Orders Probe By Anti-Corruption Bureau Into Leakage Of PSA Detention Order Even Before Its Execution
2 years, 8 months ago

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

Live Law  

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

Preventive Detention Cannot Be Made By Stating Vague Grounds: Jammu And Kashmir High Court
2 years, 10 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 …

[Jodhpur Violence] Rajasthan High Court Grants Interim Protection From Arrests To 3 Accused Persons
2 years, 10 months ago

[Jodhpur Violence] Rajasthan High Court Grants Interim Protection From Arrests To 3 Accused Persons

Live Law  

The Rajasthan High Court has granted interim protection from arrest to three accused persons, namely Hitesh Vyas, Arvind and Khimanshu Gehlot in the recent incident of Jodhpur Violence that took place on 02.05.2022 at Jalori Gate Chouraha, Jodhpur. The court has directed the Investigation Officer to remain present with case diary and CCTV Footage of the incident on the next …

Non-Supply Of Vital Documents To Detenue Hampers His Right To Make Representation: J&K&L High Court Quashes Preventive Detention Order
2 years, 10 months ago

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

Live Law  

Jammu and Kashmir High Court recently quashed a preventive detention order declaring it to be illegal on ground that all important documents related to the matter were not provided to the detenue. Justice Sanjay Dhar observed: "Contention of the petitioner that whole of the material relied upon by the detaining authority, while framing the grounds of detention, has not been …

Madras High Court Directs GST Dept. To Release Detained Vehicle On Payment Of 25% Of Penalty
2 years, 11 months ago

Madras High Court Directs GST Dept. To Release Detained Vehicle On Payment Of 25% Of Penalty

Live Law  

The Madras High Court bench of Justice R. Suresh Kumar has directed the GST department to release the detained vehicle on the payment of 25% of the penalty. The department issued a notice directing the petitioner to pay the penalty within three days, failing which action would be taken under Section 130 of the Centre/State Goods and Services Tax Act. …

'Even A Single Act Against Public Peace & Order Can Be Sufficient Ground For Detention': Jammu & Kashmir & Ladakh High Court
3 years, 3 months ago

'Even A Single Act Against Public Peace & Order Can Be Sufficient Ground For Detention': Jammu & Kashmir & Ladakh High Court

Live Law  

The Jammu & Kashmir & Ladakh High Court has recently upheld the detention order of a habitual offender on the grounds that he has been creating a sense of alarm and feeling of insecurity in the minds of people in the area, causing a chronic fear among them. Relying on various apex court judgments like Debu Mahato v. State of …

Patna High Court seizes judicial powers of Jhanjharpur court judge
3 years, 6 months ago

Patna High Court seizes judicial powers of Jhanjharpur court judge

The Hindu  

The Patna High Court has seized the judicial powers of the Additional District Session Judge-1 of Jhanjharpur sub-divisional court in Madhubani district, Avinash Kumar, who recently passed several unusual orders that hit the headlines. Earlier, in August, the judge had granted bail to an accused, Nitish Kumar, who was arrested under the stringent 2016 State prohibition laws, on the condition …

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