
Careful Consideration Of Grounds On Which Bail Has Been Granted To Detenue Is Critical In Preventive Detention Cases: J&K High Court
Live LawThe 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
Live Law
“No Incident Beyond S.107 CrPC Proceedings, Vague Allegations": J&K High Court Quashes Detention Of Alleged Terror Sympathiser
Live Law
Preventive Detention Cannot Be Used As A Short-Cut Method When Cancellation Of Bail Is An Available Remedy: J&K High Court
Live Law
Preventive detention ‘draconian’ measure, needs safeguards: SC
Hindustan Times
A Dangerous Precedent For Denial Of Bail In Cases Involving Sexual Offences
Live Law
If Peace-Loving Citizens Are Treated Harshly Under Preventive Detention Law, No 'Peace' Will Be Left: J&K HC Quashes Detention Order Of Journalist
Live Law
High Court quashes preventive detention of Nanded resident accused of extortion
India Today
Preventive Detention Can Be Ordered Regardless Of Prosecution, In Anticipation Of Discharge Or Acquittal: J&K High Court
Live Law
Police Resorted To Public Safety Act For 'Perverted Detention', To Outmanoeuvre Courts: J&K High Court Quashes Preventive Detention Order
Live Law
Continued Detention With No Possibility Of Trial Concluding In Near Future 'Unjust': Allahabad HC Grants Bail To Murder-Accused In Jail Since 2017
Live Law
Allahabad High Court Refuses Anticipatory Bail To Sitapur Congress MP Accused Of Sexually Exploiting Woman
Live Law
An Individual Can't Be Subjected To Preventive Detention Just Because They Participated In Political Rally Which Turned Violent: Bombay HC
Live Law
'Main Mastermind, Funder Of Delhi Riots': Police Opposes Tahir Hussain's Interim Bail Plea To Contest Assembly Polls, High Court Reserves Order
Live Law
No pre-arrest bail for man who extorted unmarried women on matrimonial sites
India Today
Specific Instances Verifiable By Statements Of Witnesses Essential To Establish “Subjective Satisfaction” For Issuing Detention Orders: J&K High Court
Live Law
Failure to provide grounds of arrest will lead to bail? Supreme Court to examine
India Today
Preventive detention must meet strict threshold: SC highlights right to personal liberty
Hindustan Times
Victim's Right To Participate Is Vital, But Hearing May Not Be Essential in Certain Cases Before Granting Relief: J&K High Court
Live Law
Relief Hit By S. 438(1)(ii) CrPC: Allahabad HC Cancels Advocate's Anticipatory Bail In Extortion Case For Concealing Criminal Antecedents
Live Law
Preventive Detention Must Be Invoked With All Due Care And Circumspection: J&K High Court Quashes Detention Order
Live Law
Badlapur sexual assault: Why haven’t school trustees been arrested yet, HC asks SIT
Hindustan Times
Bail In Criminal Cases No Justification For Preventive Detention: J&K High Court Quashes Detention Order Against Ex-SMC Corporator
Live Law
Bombay High Court urges lower courts to be prompt with pre-arrest bail cases to protect citizens’ liberty
The Hindu
When citizen's liberty is in question, lower courts should decide pre-arrest bail pleas quickly: Bombay HC
New Indian Express
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
CJI Chandrachud Urges Trial Courts to Grant Bail Judiciously
Deccan Chronicle
J&K High Court Imposes 10K Cost On DM Jammu For 'Unjustifiable' Preventive Detention Order
Live Law
Participation In Nationalistic Activities Can't Serve As License For Criminal Acts: J&K High Court Dismisses Ex-Corporator's Plea Against Preventive Detention
Live Law
SC/ST Act | Bail Can't Be Granted Merely Based On Period Of Detention, Nature & Gravity Of Offence Must Be Considered: Madras High Court
Live Law
Cannot Utilise Previously Invalidated Grounds To Detain Individual For Issuance Of Fresh Detention Order: J&K High Court
Live Law
Govt Must Enquire Whether Representation Has Been Made Against Detention By Detenue, Any Omissions Fatal For Detention Order's Validity: J&K High Court
Live Law
Courts Should Meticulously Scrutinise Procedural Norms In Preventive Detention Cases, Any Deviation From Procedure Should Favour Detenue: J&K High Court
Live Law
Unexplained Delay In Detention Order Execution Raises Doubt On Detaining Authority's Subjective Satisfaction: J&K High Court
Live Law
Challenging Detention Orders, Getting Stay Before Execution May Prevent Proper Examination Of Evidence: J&K High Court
Live Law
Calcutta High Court Denies Bail To Gang-Rape Accused, Cites Attempts To Threaten Victim, Influence Police Investigation
Live Law
Madras High Court Quashes Lawyer’s Detention Under COFEPOSA, Says Live And Proximate Link Had Snapped
Live Law
Court Can Review Detention Orders Despite Detaining Authority's Subjective Satisfaction: Jammu & Kashmir High Court
Live Law
Engaged In Anti-National Activities Since Tender Age: J&K High Court Upholds Detention Of Alleged Dukhtaran-e-Milat Operative
Live Law
Jammu & Kashmir High Court Upholds Preventive Detention Of Alleged Leader Of Banned Organization Jamat-e-Islami
Live Law
Drugs case: High court refuses anticipatory bail to Raj Jit
Hindustan Times
Jammu & Kashmir High Court Upholds Preventive Detention Of Man Accused In Srinagar DySP Lynching Case
Live Law
Those Responsible For National Security Sole Judges Of What Preventive Actions Are Necessary: Jammu & Kashmir High Court Upholds Detention Order
Live Law
'All Preventive Detention Laws Necessarily Harsh': Supreme Court Emphasises Strict Adherence To Procedure In Preventive Detention Cases
Live Law
Preventive detention only in the rarest of rare cases: HC
Deccan Chronicle
Preventive Detention Law Under Legal Scrutiny in Two States: Why Is It Debated?
The Quint
Threat to safety of civil society can’t be ignored in deciding bail plea of accused in terrorist activities: HC
The Hindu
Person Confined Under Preventive Detention Law In Jammu & Kashmir Not Released Despite High Court's Quashing Order Passed Over A Year Ago
Live Law
In Matters Pertaining To Citizens' Liberty, Courts Should Act Promptly; Avoid Detailed Deliberation Of Evidence In Bail Pleas : Supreme Court
Live Law
Bail Can't Be Denied Solely On Seriousness Of Accusations, Specific Allegations Against Accused & Evidence Must Be Considered: HP High Court
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