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, 7 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

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated that preventive detention orders can be passed even when a person is in police custody. The petitioner had challenged the impugned order of detention on the ground that at the time when the impugned order of detention was passed, he was already in custody in connection with FIR for offences under Section 18, 20 and 38 of ULA Act and, as such, there were no compelling reasons for the detaining authority to pass the detention order. "It is trite that the preventive detention orders can be passed even when a person is in police custody or involved in a criminal case but for doing so, compelling reasons are to be recorded. The Detaining Authority is bound to record the compelling reasons as to why the detenue could not be deterred from indulging in subversive activities by resorting to normal law and in the absence of these reasons, the order of detention becomes unsustainable in law."

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History of this topic

Preventive Detention Order To Be Quashed When Passed Without Considering Bail Granted By Magistrate : Supreme Court
1 week, 5 days ago

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

Live Law  

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

Unexplained Delay In Issuing Preventive Detention Order Casts Doubt On Magistrate's Subjective Satisfaction: J&K High Court
2 weeks, 1 day 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
2 weeks, 1 day 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
2 weeks, 2 days ago

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

Live Law  

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

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

Preventive detention ‘draconian’ measure, needs safeguards: SC

Hindustan Times  

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

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

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

Live Law  

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

Preventive Detention Can Be Ordered Regardless Of Prosecution, In Anticipation Of Discharge Or Acquittal: J&K High Court
1 month, 2 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 …

Assertion Of Accused Being Habitual Offender Not Sufficient For Preventive Detention, Must Establish Continuous Commission Of Offences: J&K High Court
Trending News
1 month, 2 weeks ago

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

Live Law  

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

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

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

Live Law  

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

[KAAPA] Detaining Authority Has Duty To Provide Legible Copies Of Relevant Documents To Detenu: Kerala High Court
1 month, 2 weeks ago

[KAAPA] Detaining Authority Has Duty To Provide Legible Copies Of Relevant Documents To Detenu: Kerala High Court

Live Law  

The Kerala High Court has held that the detaining authority under the Kerala Anti-Social Activities Prevention Act has a duty to provide the detenu with legible copies of all relevant documents forming basis for the detention, including the detention order. The Court stated that the detenu can only exercise his constitutional right under Article 22 of the Constitution and his …

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

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

Live Law  

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

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

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

Live Law  

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

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

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

The Hindu  

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

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

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

Live Law  

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

Preventive Detention A Harsh Measure, Permissible Only When 'Public Order' Disturbed : Supreme Court
3 months, 1 week ago

Preventive Detention A Harsh Measure, Permissible Only When 'Public Order' Disturbed : Supreme Court

Live Law  

While quashing a preventive detention order, the Supreme Court observed that preventive detention is a harsh measure, which cannot be invoked against every alleged breach of peace. It has been held that when a person can be dealt with in exercise of powers to maintain law and order, unless the acts of the proposed detainee are the one which have …

S.2(p)(iii) KAAPA | Complaint By Police Can Be Counted Towards Declaring Accused 'Known Rowdy' If No Personal Grievance Involved: High Court
3 months, 3 weeks ago

S.2(p)(iii) KAAPA | Complaint By Police Can Be Counted Towards Declaring Accused 'Known Rowdy' If No Personal Grievance Involved: High Court

Live Law  

The Kerala High Court has held that the bar under Section 2 of the Kerala Anti-Social Activities Act, 2007 does not apply if the police officer does not have any 'personal grievance' against the accused. Such cases will not come under the exclusion of complaints initiated by Police Officers, envisaged under Section 2 of KAAP Act.” The Court further added …

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

Careful Consideration Of Grounds On Which Bail Has Been Granted To Detenue Is Critical In Preventive Detention Cases: J&K High Court
4 months, 2 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 …

Bail In Criminal Cases No Justification For Preventive Detention: J&K High Court Quashes Detention Order Against Ex-SMC Corporator
6 months, 1 week 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 …

[KAAPA] Police's Failure To Use Available Technology To Expedite Process Undermines Personal Liberty Of Accused In Preventive Detention Cases: Kerala HC
6 months, 3 weeks ago

[KAAPA] Police's Failure To Use Available Technology To Expedite Process Undermines Personal Liberty Of Accused In Preventive Detention Cases: Kerala HC

Live Law  

The Kerala High Court observed that the State Police uses an 'Integrated Core Policing System' that enables them to collect information about offenders promptly and efficiently without delay. The Court thus stated that with the technological advancements, the government cannot justify the delay in issuing the detention order by claiming that they spent time gathering case details. The Court was …

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

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

Live Law  

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

Communicating Grounds For Detention In A Language Understood By Detenue Is A Constitutional Right: J&K High Court
7 months, 1 week 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 …

Cannot Utilise Previously Invalidated Grounds To Detain Individual For Issuance Of Fresh Detention Order: J&K High Court
11 months, 3 weeks ago

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

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated that authorities cannot utilize grounds previously invalidated to detain an individual under preventive detention statutes. A bench of Justice Sanjeev Kumar emphasized the inherent challenge of segregating the grounds of a quashed detention order from fresh grounds without delving into the subjective considerations of the Detaining Authority. “.it would not …

Unexplained Delay In Detention Order Execution Raises Doubt On Detaining Authority's Subjective Satisfaction: J&K High Court
1 year, 3 months ago

Unexplained Delay In Detention Order Execution Raises Doubt On Detaining Authority's Subjective Satisfaction: J&K High Court

Live Law  

Upholding basic rights and safeguards against arbitrary detention, the Jammu and Kashmir and Ladakh High Court has quashed a detention order of a detenue citing an unexplained delay in executing the order as casting doubt on the detaining authority's genuine concerns. Allowing a Habeas Corpus petition Justice Sanjay Dhar observed, “When there is an unsatisfactory and unexplained delay in executing …

Upholding Public Order for Society's Well-Being, Not as Punishment
1 year, 4 months ago

Upholding Public Order for Society's Well-Being, Not as Punishment

Live Law  

The Kerala High Court on Thursday reminded that the power to detain individuals ought not to be used as a punitive measure, but to secure public order, in the larger interest of the society. The detention order, therefore,must reflect how public order would be vitiated if the person concerned is not detained invoking the provisions under the Kerala Anti-Social Activities …

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

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

Live Law  

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

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 …

Preventive detention only in the rarest of rare cases: HC
1 year, 8 months ago

Preventive detention only in the rarest of rare cases: HC

Deccan Chronicle  

HYDERABAD: A two-judge bench of the Telangana High Court, comprising Justice K. Lakshman and Justice P. Sree Sudha, set aside a preventive detention order based on a solitary crime out of grudge and animosity. GST Act vires challenged: The two-judge bench of the Telangana High Court admitted a writ plea seeking for declaring provisions of the Goods and Services Tax …

KAAPA | Detention Order Can't Be Issued Without Determining Sufficiency Of Bail Conditions Already Imposed On Accused: Kerala High Court
1 year, 8 months ago

KAAPA | Detention Order Can't Be Issued Without Determining Sufficiency Of Bail Conditions Already Imposed On Accused: Kerala High Court

Live Law  

The Kerala High Court on Monday set aside a detention order which was issued by the detaining authority without determining the nature of the bail conditions already imposed on the detenu.The Division Bench comprising Justice P.B. The Kerala High Court on Monday set aside a detention order which was issued by the detaining authority without determining the nature of the …

Preventive Detention Law Under Legal Scrutiny in Two States: Why Is It Debated?
1 year, 8 months ago

Preventive Detention Law Under Legal Scrutiny in Two States: Why Is It Debated?

The Quint  

On 23 June, the Tamil Nadu State Public Prosecutor wrote to the DGP, asking the police officers in the state to not invoke preventive detention laws at the drop of a hat. The law officer said that most of the preventive detention orders get quashed by the High Court because they get passed in trivial cases too and not necessarily …

Bombay HC imposes cost on Daman & Diu administration for unwarranted detention of activists
1 year, 9 months ago

Bombay HC imposes cost on Daman & Diu administration for unwarranted detention of activists

India Today  

The Bombay High Court came down heavily on a district magistrate of the Dadra and Nagar Haveli for passing detention orders in a “casual” and “mechanical manner” without “application of mind”. Quashing the order passed by the Dadra and Nagar Haveli administration in November 2022, which placed the activists under preventive detention, a bench of Justices Revati Mohite Dere and …

Unexplained Delay In Issuing Detention Order After Last Prejudicial Activity Of Detenu Is Ground For Quashing: Kerala High Court
1 year, 9 months ago

Unexplained Delay In Issuing Detention Order After Last Prejudicial Activity Of Detenu Is Ground For Quashing: Kerala High Court

Live Law  

The Kerala High Court on Monday held that a detention order issued against a person can be quashed on the basis of unexplained delay in issuing the order of detention after the last prejudicial activity of the detenu, as per the Kerala Anti-Social Activities Act, 2007. In other words, an unexplained delay in issuing the order of detention after 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, 9 months ago

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

Live Law  

Terming the non-release of a detainee whose detention order under Public Safety Act was quashed by it last year as a very "disturbing scenario", the Jammu and Kashmir and Ladakh High Court has ordered District Magistrate, Baramulla to be personally present before it and also produce the detainee before it next week. A bench comprising Justice Rahul Bharti observed, "Through …

Grounds In Detention Order Quashed By Writ Court Can't Be Considered While Passing Fresh Detention Order: Jammu & Kashmir High Court
1 year, 10 months ago

Grounds In Detention Order Quashed By Writ Court Can't Be Considered While Passing Fresh Detention Order: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High has ruled that when a Court quashes a detention order using a high prerogative writ, the grounds of the previous order should not be considered, either in whole or in part, when determining new grounds for detention. Justice Moksha Kazmi Khajuria made these observations while hearing a Habeas Corpus petition seeking quashing of …

Preventive Detention Law A Colonial Legacy, Confers Arbitrary Power; Every Procedural Lapse Must Benefit Detenue's Case : Supreme Court
1 year, 11 months ago

Preventive Detention Law A Colonial Legacy, Confers Arbitrary Power; Every Procedural Lapse Must Benefit Detenue's Case : Supreme Court

Live Law  

While setting aside a preventive detention order, the Supreme Court observed that such laws in India are a colonial legacy and have great potential for abuse and misuse. The Court also stated that in cases of preventive detention under the COFEPOSA Act, the detainee has the right to submit representations to the detaining authority, the Government, and the Advisory Board. …

"Triple Test" To Pass Preventive Detention Order Against Person Already In Judicial Custody? Andhra Pradesh High Court Reiterates
2 years ago

"Triple Test" To Pass Preventive Detention Order Against Person Already In Judicial Custody? Andhra Pradesh High Court Reiterates

Live Law  

The Andhra Pradesh High Court has set aside the preventive detention order against an alleged sandalwood smuggler lodged in judicial custody, stating that the satisfaction of detaining authority, necessary as per the triple test, was not recorded in the detention order. The Division bench of Justice D.V.S.S.Somayajulu and Justice V. Srinivas reiterated that an order of preventive detention can be …

‘Judge Expected To Apply Mind, Pass Speaking Order’: Bombay HC Directs Subordinate Courts To Desist From Using Rubber Stamps For Deciding Bail Pleas
2 years, 1 month ago

‘Judge Expected To Apply Mind, Pass Speaking Order’: Bombay HC Directs Subordinate Courts To Desist From Using Rubber Stamps For Deciding Bail Pleas

Live Law  

Observing bail has to be granted or rejected by a speaking order, the Nagpur bench of Bombay High Court has directed the subordinate Courts to desist from using rubber stamps to decide bail applications. “We deprecate this practice, if it does exist in any of the Courts subordinate to this Court and deem it appropriate to circulate this judgment to …

Detenu Aggrieved By Non-Supply Of Document Having Only 'Casual Connection' With Preventive Detention Must Explain Its Relevance: Kerala High Court
2 years, 1 month ago

Detenu Aggrieved By Non-Supply Of Document Having Only 'Casual Connection' With Preventive Detention Must Explain Its Relevance: Kerala High Court

Live Law  

The Kerala High Court recently held that a detention order can be invalidated on the ground that documents were not supplied to the detenu only if he can prove that prejudice was caused to him due to the non-supply of such documents. It is the obligation of the detenu to explain why such documents are relevant for issuing a detention …

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" …

UAPA & Preventive Detention: Important High Court Judgments 2022
2 years, 2 months ago

UAPA & Preventive Detention: Important High Court Judgments 2022

Live Law  

LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. Preventive Detention Not Tenable When Other Penal Laws Sufficient To Deal With The Situation: Gujarat High Court Case Title: Dilip Bhavanishankar Yadav v. State Of Gujarat Case Citation: 2022 LiveLaw 85 "Unless and until, the material is there to make outa case that the …

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 …

Grounds Of Bail Important Factor To Decide Whether Preventive Detention Of Accused Necessary: Bombay High Court
2 years, 2 months ago

Grounds Of Bail Important Factor To Decide Whether Preventive Detention Of Accused Necessary: Bombay High Court

Live Law  

The Bombay High Court recently reiterated that the grounds on which bail was granted to an accused have to be considered by the detaining authority while deciding whether the accused needs to be preventively detained or not. APP S. S. Doifode for the State said that the detaining authority not only considered the three crimes but also additional material available …

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 …

KAAPA | Detaining Authority Duty-Bound To Consider Previous Opinion Of Advisory Board; Non-Consideration Of Relevant Materials Fatal: Kerala HC
2 years, 3 months ago

KAAPA | Detaining Authority Duty-Bound To Consider Previous Opinion Of Advisory Board; Non-Consideration Of Relevant Materials Fatal: Kerala HC

Live Law  

The Kerala High Court recently held that the previous opinion of the Advisory Board, which led to the revocation of the earlier detention order, and even the revocation of such detention order, are crucial materials which ought to be examined and considered by the detaining authority before it takes a decision for another detention under the Kerala Anti-Social Activities. The …

Detaining Authority Must Be Aware That Detenu Is Already In Custody & Must Show Compelling Reasons To Pass Preventive Detention Order: Kerala HC
2 years, 4 months ago

Detaining Authority Must Be Aware That Detenu Is Already In Custody & Must Show Compelling Reasons To Pass Preventive Detention Order: Kerala HC

Live Law  

The Kerala High Court recently reiterated the settled position that an order of preventive detention can be passed against a person who is already in custody, subject to the condition that the detaining authority is aware of the detenu already being in detention, and secondly, that there are compelling circumstances justifying such preventive detention. ".it is by now well settled …

[Preventive Detention] Satisfaction Of Detaining Authority Must Be Based On Collective Scrutiny Of Police Dossier & Connected Docs: J&K&L High Court
2 years, 4 months ago

[Preventive Detention] Satisfaction Of Detaining Authority Must Be Based On Collective Scrutiny Of Police Dossier & Connected Docs: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that in absence of the material supporting the allegations or specifying details of such incident, it cannot be held that some activities are prejudicial to the maintenance of peace, public order and tranquility and that too when there is not any whisper in the record substantiating these vague allegations. The …

Preventive Detention Curtails Fundamental Rights, KAAPA Detaining Authority Should've Considered Bail Cancellation Instead: Kerala High Court
2 years, 4 months ago

Preventive Detention Curtails Fundamental Rights, KAAPA Detaining Authority Should've Considered Bail Cancellation Instead: Kerala High Court

Live Law  

Quashing a preventive detention order under Kerala Anti-Social Activities Act, the High Court recently said the authorities should have considered the option of bail cancellation in respect of the first case against the detenu before resorting to the extreme measure of preventive detention.The court clarified that it was not saying that such an option should "necessarily. Quashing a preventive detention …

Preventive Detention Will Be Vitiated By Unexplained Delay In Passing Order, Withholding Of Relevant Material : Supreme Court
2 years, 5 months ago

Preventive Detention Will Be Vitiated By Unexplained Delay In Passing Order, Withholding Of Relevant Material : Supreme Court

Live Law  

The Supreme Court observed that unreasonable and unexplained delay in passing the order of detention from the date of the proposal can vitiate the detention order.The bench of CJI Uday Umesh Lalit, Justices S. Ravindra Bhat and JB Pardiwala observed that there should be "live and proximate link" between the grounds of detention and the purpose of detentionIn this case, …

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