Careful Consideration Of Grounds On Which Bail Has Been Granted To Detenue Is Critical In Preventive Detention Cases: J&K High Court
4 months, 1 week 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 decisions the court stated, “The grant of bail plays a crucial role in the assessment of the detaining authority's required satisfaction. Despite securing bail Masoodi was detained preventively, prompting his wife to file a petition challenging the legality of the detention order on grounds of procedural errors and insufficient evidence linking him to ongoing criminal activities. Since bail in Masoodi's case was granted due to procedural defaults, the authority justifiably considered this as insufficient to preclude preventive detention, he pointed. Evaluating if the procedural safeguards had been met by the Detaining Authority Justice Nargal observed that procedural requirements were adhered to, with all necessary documents provided to Masoodi, including the detention order and grounds and remarked, “The record demonstrates that the detaining authority adhered to the legal procedures required for issuing a detention order, thus mitigating any claims of procedural irregularities” In alignment with these findings the court upheld the preventive detention order and concluded that the detenu's actions after being released on bail have shown a continued participation in criminal activities.

History of this topic

Preventive Detention Order To Be Quashed When Passed Without Considering Bail Granted By Magistrate : Supreme Court
1 week, 2 days ago
“No Incident Beyond S.107 CrPC Proceedings, Vague Allegations": J&K High Court Quashes Detention Of Alleged Terror Sympathiser
1 week, 5 days ago
Preventive Detention Cannot Be Used As A Short-Cut Method When Cancellation Of Bail Is An Available Remedy: J&K High Court
1 week, 6 days ago
Preventive detention ‘draconian’ measure, needs safeguards: SC
1 week, 6 days ago
A Dangerous Precedent For Denial Of Bail In Cases Involving Sexual Offences
2 weeks ago
If Peace-Loving Citizens Are Treated Harshly Under Preventive Detention Law, No 'Peace' Will Be Left: J&K HC Quashes Detention Order Of Journalist
3 weeks, 5 days ago
High Court quashes preventive detention of Nanded resident accused of extortion
1 month, 1 week ago
Preventive Detention Can Be Ordered Regardless Of Prosecution, In Anticipation Of Discharge Or Acquittal: J&K High Court
1 month, 1 week ago
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
Continued Detention With No Possibility Of Trial Concluding In Near Future 'Unjust': Allahabad HC Grants Bail To Murder-Accused In Jail Since 2017
1 month, 2 weeks ago
Allahabad High Court Refuses Anticipatory Bail To Sitapur Congress MP Accused Of Sexually Exploiting Woman
1 month, 2 weeks ago
An Individual Can't Be Subjected To Preventive Detention Just Because They Participated In Political Rally Which Turned Violent: Bombay HC
1 month, 2 weeks ago
'Main Mastermind, Funder Of Delhi Riots': Police Opposes Tahir Hussain's Interim Bail Plea To Contest Assembly Polls, High Court Reserves Order
Trending News
2 months ago
No pre-arrest bail for man who extorted unmarried women on matrimonial sites
2 months, 2 weeks ago
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
Failure to provide grounds of arrest will lead to bail? Supreme Court to examine
3 months ago
Preventive detention must meet strict threshold: SC highlights right to personal liberty
3 months, 1 week ago
Victim's Right To Participate Is Vital, But Hearing May Not Be Essential in Certain Cases Before Granting Relief: J&K High Court
3 months, 1 week ago
Relief Hit By S. 438(1)(ii) CrPC: Allahabad HC Cancels Advocate's Anticipatory Bail In Extortion Case For Concealing Criminal Antecedents
3 months, 2 weeks ago
Preventive Detention Must Be Invoked With All Due Care And Circumspection: J&K High Court Quashes Detention Order
3 months, 3 weeks ago
Badlapur sexual assault: Why haven’t school trustees been arrested yet, HC asks SIT
5 months, 2 weeks ago
Bail In Criminal Cases No Justification For Preventive Detention: J&K High Court Quashes Detention Order Against Ex-SMC Corporator
6 months ago
Bombay High Court urges lower courts to be prompt with pre-arrest bail cases to protect citizens’ liberty
6 months, 2 weeks ago
When citizen's liberty is in question, lower courts should decide pre-arrest bail pleas quickly: Bombay HC
6 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
6 months, 3 weeks ago
CJI Chandrachud Urges Trial Courts to Grant Bail Judiciously
7 months, 2 weeks ago
J&K High Court Imposes 10K Cost On DM Jammu For 'Unjustifiable' Preventive Detention Order
8 months ago
Participation In Nationalistic Activities Can't Serve As License For Criminal Acts: J&K High Court Dismisses Ex-Corporator's Plea Against Preventive Detention
9 months ago
SC/ST Act | Bail Can't Be Granted Merely Based On Period Of Detention, Nature & Gravity Of Offence Must Be Considered: Madras High Court
10 months, 2 weeks ago
Cannot Utilise Previously Invalidated Grounds To Detain Individual For Issuance Of Fresh Detention Order: J&K High Court
11 months, 2 weeks ago
Govt Must Enquire Whether Representation Has Been Made Against Detention By Detenue, Any Omissions Fatal For Detention Order's Validity: J&K High Court
11 months, 2 weeks ago
Courts Should Meticulously Scrutinise Procedural Norms In Preventive Detention Cases, Any Deviation From Procedure Should Favour Detenue: J&K High Court
11 months, 2 weeks ago
Unexplained Delay In Detention Order Execution Raises Doubt On Detaining Authority's Subjective Satisfaction: J&K High Court
1 year, 3 months ago
Challenging Detention Orders, Getting Stay Before Execution May Prevent Proper Examination Of Evidence: J&K High Court
1 year, 5 months ago
Calcutta High Court Denies Bail To Gang-Rape Accused, Cites Attempts To Threaten Victim, Influence Police Investigation
1 year, 5 months ago
Madras High Court Quashes Lawyer’s Detention Under COFEPOSA, Says Live And Proximate Link Had Snapped
1 year, 5 months ago
Court Can Review Detention Orders Despite Detaining Authority's Subjective Satisfaction: Jammu & Kashmir High Court
1 year, 6 months ago
Engaged In Anti-National Activities Since Tender Age: J&K High Court Upholds Detention Of Alleged Dukhtaran-e-Milat Operative
1 year, 6 months ago
Jammu & Kashmir High Court Upholds Preventive Detention Of Alleged Leader Of Banned Organization Jamat-e-Islami
1 year, 7 months ago
Drugs case: High court refuses anticipatory bail to Raj Jit
1 year, 7 months ago
Jammu & Kashmir High Court Upholds Preventive Detention Of Man Accused In Srinagar DySP Lynching Case
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
1 year, 7 months ago
'All Preventive Detention Laws Necessarily Harsh': Supreme Court Emphasises Strict Adherence To Procedure In Preventive Detention Cases
1 year, 8 months ago
Preventive detention only in the rarest of rare cases: HC
1 year, 8 months ago
Preventive Detention Law Under Legal Scrutiny in Two States: Why Is It Debated?
1 year, 8 months ago
Threat to safety of civil society can’t be ignored in deciding bail plea of accused in terrorist activities: HC
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
1 year, 9 months ago
In Matters Pertaining To Citizens' Liberty, Courts Should Act Promptly; Avoid Detailed Deliberation Of Evidence In Bail Pleas : Supreme Court
1 year, 10 months ago
Bail Can't Be Denied Solely On Seriousness Of Accusations, Specific Allegations Against Accused & Evidence Must Be Considered: HP High Court
1 year, 10 months ago

Discover Related