J&K Public Safety Act militates against natural justice; HC's refusal to intervene in bar council chief's case gives law greater impunity
4 years, 10 months ago

J&K Public Safety Act militates against natural justice; HC's refusal to intervene in bar council chief's case gives law greater impunity

Firstpost  

Under the PSA, the government detains a person; the same government hears the detenu’s representation against such detention; and the same government determines if there was a sufficient case for detention. The Jammu and Kashmir High Court recently dismissed a petition challenging the detention of the 76-year old President of the Jammu and Kashmir High Court Bar Association, Mian Abdul Qayoom, under the J&K Public Safety Act, 1978. The Jammu and Kashmir High Court, in Mian Abdul Qayoom v. State of J&K justified Qayoom’s detention on the basis that Qayoom propagated secessionist ideologies in the past, that criminal cases were registered against him and his associates for violating various laws in the past, and that the detaining authority was subjectively satisfied that Qayoom must be detained. Therefore, under the PSA, the government detains a person; the same government hears the detenu’s representation against such detention; and the same government determines if there was a sufficient case for detention. Further, in the same case, the Supreme Court also clearly held that the “[c>ourt is entitled to scrutinise the material relied upon by the [detaining> [a>uthority in coming to its conclusion, and accordingly determine if there is an objective basis for the subjective satisfaction.” However, in the Qayoom case, the high court held the exact opposite, that the “subjective satisfaction of a detaining authority to detain a person or not, is not open to objective assessment by a Court,” and that the “[c>ourt is not a proper forum to scrutinise the merits of administrative decision to detain a person.” In holding so, the high court did not merely digress from the established law, but also did away with its power to review the government’s detention orders, and tacitly endorsed the unbridled power of the government to detain any person arbitrarily.

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History of this topic

Specific Instances Verifiable By Statements Of Witnesses Essential To Establish “Subjective Satisfaction” For Issuing Detention Orders: J&K High Court
2 weeks, 1 day 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” …

HC seeks govt’s response on plea challenging reservation policy
4 weeks ago

HC seeks govt’s response on plea challenging reservation policy

Hindustan Times  

Jammu and Kashmir high court, acting on a fresh petition challenging the reservation policy, has issued notice to the respondents asking for reply within a time frame of three weeks. The fresh petition, filed by Dawar Ali and supported by a civil society group, has questioned the reservation policy of J&K government calling it “unreasonable”. On November 27, a political …

Preventive Detention Must Be Invoked With All Due Care And Circumspection: J&K High Court Quashes Detention Order
1 month, 2 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 Asks Jammu & Kashmir UT To Frame Policy On Premature Release Of Convicts
1 month, 3 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 …

Bail In Criminal Cases No Justification For Preventive Detention: J&K High Court Quashes Detention Order Against Ex-SMC Corporator
3 months, 3 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
3 months, 4 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
4 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

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
4 months, 3 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
5 months, 2 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 judges should take note of growing arrests of Kashmir lawyers: Mirwaiz
5 months, 2 weeks ago

J&K judges should take note of growing arrests of Kashmir lawyers: Mirwaiz

The Hindu  

Hurriyat chairman and Kashmir’s chief cleric Mirwaiz Umar Farooq on July 19 sought the intervention of judges of the J&K and Ladakh High Court into a series of arrests of lawyers in the past month, in the wake of erstwhile J&K High Court Bar Association’s plans to hold internal elections. Former Bar chief Mian Qayoom, acting Bar chairman Nazir Ahmad …

J&K High Court Imposes 10K Cost On DM Jammu For 'Unjustifiable' Preventive Detention Order
5 months, 3 weeks 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 …

Hours after J&K Bar’s election notice, ad hoc president Nazir Ronga ‘arrested without warrant’ in Srinagar
5 months, 4 weeks ago

Hours after J&K Bar’s election notice, ad hoc president Nazir Ronga ‘arrested without warrant’ in Srinagar

The Hindu  

The ad hoc chairman of the J&K High Court Bar Association, Kashmir, Nazir Ahmad Ronga, was arrested by the Lieutenant Governor’s administration in Srinagar just hours after the Bar issued a notification related to the internal election. Lawyer Umair Ronga, son of advocate Ronga, said the J&K police arrived at their home at 1:10 a.m. “without any arrest warrant” and …

Days after restricting bar association, J&K High Court recognises new lawyers’ body in Kashmir
6 months, 1 week ago

Days after restricting bar association, J&K High Court recognises new lawyers’ body in Kashmir

The Hindu  

The J&K and Ladakh High Court on Saturday recognised a new lawyers’ body in Kashmir, the Kashmir Advocates Association, by exercising powers under Section 58 of the Bar Council, which was extended to J&K after the abrogation of Article 370 in 2019. The move came days after the District Magistrate, Srinagar, barred the J&K High Court Bar Association, a lawyers’ …

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

J&K High Court Closes 'Vague' PIL Seeking CBI Probe Into Appointment Of 'Special Police Officers' In J&K Police
1 year ago

J&K High Court Closes 'Vague' PIL Seeking CBI Probe Into Appointment Of 'Special Police Officers' In J&K Police

Live Law  

The Jammu and Kashmir and Ladakh High Court has closed a Public Interest Litigation seeking a Central Bureau of Investigation probe into the appointment of Special Police Officers as Constables in the J&K Police Department between 2018 and 2020. The bench comprising Chief Justice N. Kotiswar Singh and Justice Moksha Khajuria Kazmi observed that the petitioner's allegations were vague and …

Prevention of Corruption Act | Sanctioning Authority's Competence, Application Of Mind Can Be Examined Only During Trial: J&K High Court
1 year, 2 months ago

Prevention of Corruption Act | Sanctioning Authority's Competence, Application Of Mind Can Be Examined Only During Trial: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently clarified that the absence of sanction to prosecute a public officer can be challenged at the beginning of a case, but challenges related to the competence of the sanctioning authority and the application of mind can only be raised during the trial. The petitioner further argued that once the sanction …

Court Can Review Detention Orders Despite Detaining Authority's Subjective Satisfaction: Jammu & Kashmir High Court
1 year, 4 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, 4 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, 4 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, 5 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, 5 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 …

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

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 …

Even Typographical Errors In Dossier Copied By Magistrate, No Application Of Mind: JKL High Court Quashes Preventive Detention Of Alleged LeT Aide
1 year, 11 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" …

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

District Magistrate Cannot Describe Period Of Preventive Detention, Govt's Prerogative To Do The Same : JKL High Court
2 years 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 Prevention of Corruption Act] Criminal Proceedings Can't Be Launched Against Public Servant In Absence Of Dishonest Intention: High Court
2 years, 2 months ago

[J&K Prevention of Corruption Act] Criminal Proceedings Can't Be Launched Against Public Servant In Absence Of Dishonest Intention: High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that in the absence of any dishonest motive or intention on the part of public servant, criminal prosecution cannot be launched against him or her under the Prevention of Corruption Act. The bench comprising Justice Sanjay Dhar was hearing a petition challenging FIR for offence under Section 5 of the …

J&K: Supreme Court agrees to hear plea alleging 'backdoor appointment' in judicial institutions
2 years, 4 months ago

J&K: Supreme Court agrees to hear plea alleging 'backdoor appointment' in judicial institutions

Firstpost  

A bench of Justices DY Chandrachud and Hima Kohli issued notice and sought a response from the Jammu and Kashmir High Court on its administrative side, saying it should be vetted by the Chief Justice of the High Court New Delhi: The Supreme Court agreed to hear a plea that alleged that relatives of former judges and staff were favoured …

J&K&L High Court Orders Probe By Anti-Corruption Bureau Into Leakage Of PSA Detention Order Even Before Its Execution
2 years, 5 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 …

Non-Supply Of Vital Documents To Detenue Hampers His Right To Make Representation: J&K&L High Court Quashes Preventive Detention Order
2 years, 8 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 …

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

Jammu & Kashmir's High Powered Committee Directs The Release Of Jail Inmates Other Than Those Involved in Militancy/Serious Crimes
3 years, 7 months ago

Jammu & Kashmir's High Powered Committee Directs The Release Of Jail Inmates Other Than Those Involved in Militancy/Serious Crimes

Live Law  

The High Powered Committee constituted for the Union Territory of Jammu & Kashmir on Monday passed a slew of directions for the release of jail inmates except those involved in militancy-related cases and other serious crimes to decongest the prisons in the Union Territory of J&K. The Committed is headed by Justice Ali Mohammad Magrey, Executive Chairman, J&K Legal Services …

Jammu & Kashmir High Court Issues Notice On Plea Challenging Maximum Preventive Detention Period Under Public Safety Act
3 years, 10 months ago

Jammu & Kashmir High Court Issues Notice On Plea Challenging Maximum Preventive Detention Period Under Public Safety Act

Live Law  

The Jammu and Kashmir High Court has issued notice to the UT administration on a PIL challenging the constitutional validity of Section 18 of the Public Safety Act, 1978. Therefore Section 18 of the Public Safety Act of 1978 which was earlier saved from the applicability of Article 22 will no longer remain the same and due to the applicability …

Former J-K chief minister Mehbooba Mufti being released from detention: Govt
4 years, 2 months ago

Former J-K chief minister Mehbooba Mufti being released from detention: Govt

Live Mint  

New Delhi: Former J-K CM and PDP president Mehbooba Mufti is being being released, said J-K Administration Spokesperson Rohit Kansal on Tuesday. Last month, the Supreme Court asked the Jammu and Kashmir administration to respond to Iltija Mufti's amended plea challenging the detention of her mother, under the J-K Public Safety Act, saying it cannot go on forever and "some …

How long will Mehbooba Mufti be detained? SC asks J&K administration
4 years, 3 months ago

How long will Mehbooba Mufti be detained? SC asks J&K administration

The Hindu  

The Supreme Court on Tuesday asked the Jammu and Kashmir administration to clarify how long they intend to detain former Chief Minister Mehbooba Mufti under the Public Safety Act. Magistrate’s affidavit In an affidavit dated September 28, the Srinagar District Magistrate reasoned that the detention was ordered on the basis of an extensive scrutiny of the material on Ms. Mufti, …

'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, 3 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]

Live Law  

While hearing a petition wherein the Detaining Authority had ordered to place a Detenue under preventive detention, the Jammu and Kashmir High Court on Tuesday noted that it was clear from the dossier as well as the grounds of detention that at the time of passing of the impugned order, the detenue was in custody. This goes on to strengthen …

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, 4 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

Live Law  

The Srinagar Bench of the Jammu & Kashmir High Court quashed a detention order detaining Fayaz Ahmed Mir of Pulwama under Section 8 of the Jammu & Kashmir Public Safety Act, 1978. He referred the Court to the twin activities mentioned in the detention order namely "Maintenance of Public Order" and "the Security of the State" as proof of non-application …

'Dictatorship in J&K for Past One Year': Priyanka Targets Centre over Saifuddin Soz's 'Detention'
4 years, 5 months ago

'Dictatorship in J&K for Past One Year': Priyanka Targets Centre over Saifuddin Soz's 'Detention'

News 18  

Congress general secretary Priyanka Gandhi Vadra Thursday attacked the BJP government for treating her party leader Saifuddin Soz as a "prisoner", and alleged Jammu and Kashmir has been under a 'dictatorship' for the past one year. Senior Congress leader P Chidambaram called upon all political parties to think about the "virtual prison" that Kashmiris are living in for the past …

Extension of Former J&K CM Mehbooba Mufti's Detention Abuse of Law, Says P Chidambaram
4 years, 5 months ago

Extension of Former J&K CM Mehbooba Mufti's Detention Abuse of Law, Says P Chidambaram

News 18  

Senior Congress leader P Chidambaram on Saturday said the extension of PDP leader Mehbooba Mufti's detention under the Public Safety Act is an "abuse of law" and "assault" on the constitutional rights of every citizen of the country. "The extension of the detention of Ms Mehbooba Mufti under PSA is an abuse of law and an assault on the Constitutional …

Detention of HC Bar Association Chief Under PSA Will Not to Be Extended: J&K Admin tells Supreme Court
4 years, 5 months ago

Detention of HC Bar Association Chief Under PSA Will Not to Be Extended: J&K Admin tells Supreme Court

News 18  

The Jammu and Kashmir administration informed the Supreme Court on Monday that it will not extend the current detention of high court bar leader Mian Abdul Qayoom under J-K Public Safety Act beyond August 7. The top court asked J-K administration to apprise it by July 29 as to why Qayoom cannot be released on bail till August 7, the …

Mian Abdul Qayoom's Detention Will Not Be Extended Beyond August 6: Centre Tells SC
4 years, 5 months ago

Mian Abdul Qayoom's Detention Will Not Be Extended Beyond August 6: Centre Tells SC

Live Law  

The Central Government informed the Supreme Court that the detention order of Senior Advocate and President of J&K High Court Bar Association Mian Abdul Qayoom will not be extended beyond the date of its expiry, i.e. The submission was made in the plea filed on behalf of Qayoom, challenging the 28th May, 2020, Order of the J&K High Court which …

'He Is 73; Detention Period About To Expire' : SC Seeks To Know Basis For Continued Detention Of J&K Bar Association President Mian Abdul Qayoom
4 years, 5 months ago

'He Is 73; Detention Period About To Expire' : SC Seeks To Know Basis For Continued Detention Of J&K Bar Association President Mian Abdul Qayoom

Live Law  

The Supreme Court adjourned the plea filed by Senior Advocate and J&K Bar Association President Mian Abdul Qayoom, which challenged the 28th May, 2020 Order of the J&K High Court which had dismissed his habeas corpus petition and upheld his detention under the J&K Public Safety Act, 1978. The petition, filed by Advocate-on-Record Aakarsh Kamra on behalf of Qayoom, states …

Supreme Court issues notice on J&K advocate’s detention under PSA
4 years, 6 months ago

Supreme Court issues notice on J&K advocate’s detention under PSA

The Hindu  

The Supreme Court on Friday asked the Jammu and Kashmir government to respond to an appeal filed by the erstwhile State’s High Court Bar Association president challenging his nearly one-year detention and solitary confinement in the Agra Central Prison. In his appeal before the apex court, Mr. Qayoom argued that the J&K High Court rejected his habeas corpus petition to …

'Activities Of The Detenu Are Normal Activities Of A Politician In A Democracy': J&K HC Quashes Detention Order Of NCP Leader Ali Mohammad Sagar [Read Order]
4 years, 6 months ago

'Activities Of The Detenu Are Normal Activities Of A Politician In A Democracy': J&K HC Quashes Detention Order Of NCP Leader Ali Mohammad Sagar [Read Order]

Live Law  

The Jammu and Kashmir High Court today quashed the order for detention of senior National Conference leader Ali Mohammad Sagar, under the J&K Public Safety Act. The bench observed that the detention order was illegal because the Detaining Authority did not show its awareness to the fact that the detenu was already in custody. Reliance was placed on N. Meera …

SC Issues Notice On Habeas Plea Challenging Detention Of J&K Congress Leader Saifuddin Soz
4 years, 7 months ago

SC Issues Notice On Habeas Plea Challenging Detention Of J&K Congress Leader Saifuddin Soz

Live Law  

The Supreme Court on Friday issued notice on a habeas Corpus petition filed against the Government of Jammu and Kashmir's detention order of octogenarian Congress leader and former Union Minister Prof. Saifuddin Soz who has been under house arrest since 5th August, 2019.A bench headed by Justices Arun Mishra issued the notice, after hearing Senior Advocates P Chidambaram and Dr …

'Prolonged Detention Over 10 Months Unconstitutional' : Habeas Plea In SC For Release Of J&K Congress Leader Saifuddin Soz
4 years, 7 months ago

'Prolonged Detention Over 10 Months Unconstitutional' : Habeas Plea In SC For Release Of J&K Congress Leader Saifuddin Soz

Live Law  

A Habeas Corpus petition has been filed in the Supreme Court against the Government of Jammu and Kashmir's detention order of octogenarian Congress leader and former Union Minister Prof. Saifuddin Soz who has been under house arrest since 5th August, 2019.The petition, filed by Advocate-on-Record Sunil Fernandes on behalf of Prof. Soz's wife, Mrs. Mumtazunnisa Soz, states that "ten months. …

J&K HC asks Bar leader to shun ideology and move govt. for release
4 years, 7 months ago

J&K HC asks Bar leader to shun ideology and move govt. for release

The Hindu  

The Jammu and Kashmir High Court on Thursday upheld the detention of High Court Bar Association president Mian Abdul Qayoom under the Public Safety Act, accepting the argument that past cases relating to his secessionist ideology continued to be relevant to justify his detention. However, the Advocate-General had argued that Mr. Qayoom nourished and nurtured “secessionist ideology”. The Bench, observing …

Ideology Of Detenu Like A 'Live Volcano': J&K HC Upholds Detention Of HC Bar Association President Mian Abdul Qayoom [Read Judgment]
4 years, 7 months ago

Ideology Of Detenu Like A 'Live Volcano': J&K HC Upholds Detention Of HC Bar Association President Mian Abdul Qayoom [Read Judgment]

Live Law  

The High Court of Jammu and Kashmir on Thursday upheld the Government orders relating to preventive detention of Senior Advocate and J&K High Court Bar Association President Mian Abdul Qayoom, under the J&K Public Safety Act 1978. Argument that FIRs and the allegations contained in the detention order are stale – 9 to 11 years old – having no proximity …

[Breaking] J&K Administration Revokes Preventive Detention Of Former CM Omar Abdullah
4 years, 9 months ago

[Breaking] J&K Administration Revokes Preventive Detention Of Former CM Omar Abdullah

Live Law  

Nearly after over seven months of detention, the Jammu and Kashmir administration on Tuesday revoked the preventive detention of former Chief Minister and National Conference leader Omar Abdullah, reported the PTI.On Tuesday, order revoking his detention -presently under the Jammu and Kashmir Public Safety Act - was issued.He had been under detention since August 5, following the revocation. Nearly after …

SC Adjourns Plea For Release Of Former J&K CM Omar Abdullah Till Next Week
4 years, 9 months ago

SC Adjourns Plea For Release Of Former J&K CM Omar Abdullah Till Next Week

Live Law  

The Supreme Court on Wednesday adjourned till next week the hearing of the habeas corpus petition filed by Sarah Abdullah Pilot challenging the detention of her brother and former Chief Minister of erstwhile State of Jammu and Kashmir Omar Abdullah.A bench comprising Justices Arun Mishra and M R Shah adjourned the matter due to the non-availability of Solicitor General Tushar …

'Blatant violation of fundamental rights': Opposition seeks immediate release of three ex-Jammu and Kashmir CMs, other detained leaders
4 years, 9 months ago

'Blatant violation of fundamental rights': Opposition seeks immediate release of three ex-Jammu and Kashmir CMs, other detained leaders

Firstpost  

The Opposition on Monday issued a statement demanding the immediate release of all political detainees in Jammu and Kashmir, especially three former chief ministers Farooq Abdullah, Omar Abdullah and Mehbooba Mufti The Opposition on Monday issued a joint statement demanding the immediate release of all political detainees in Jammu and Kashmir, especially three former chief ministers Farooq Abdullah, Omar Abdullah …

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