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 last prejudicial activity would certainly vitiate the order of detention, for the delay would snap the live link between the prejudicial activity and the detention order". Additionally, it was contended that the last prejudicial activity alleged in the detention order took place on June 17, 2022, while the Order was issued only in December, after about 5 months and 24 days. As regards the question of delay in issuance of the detention order, the Court noted that the proposal for detention was submitted by the competent authority only on September 9, 2022, almost three months after the last prejudicial activity.

Kerala Court Detention Kerala High Court Proposal Order Delay Act 2022 Activity Issued Statute Detention Order Prejudicial Unexplained Delay Last Prejudicial Activity  kerala  court  act  unexplained  issuing  quashing  delay  issued  prejudicial  detention  activity  proposal  detenu  2022  ground  order  high

History of this topic

Preventive Detention Order To Be Quashed When Passed Without Considering Bail Granted By Magistrate : Supreme Court
1 week, 3 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
1 week, 6 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
1 week, 6 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 …

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

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, 6 days 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

Live Law  

The Jammu and Kashmir High Court has held that acts lacking a causal link with the imperative need to detain are liable to be quashed. Court noted that the allegations against the petitioner referenced old social media posts and news articles without proving an ongoing or imminent threat, rendering the preventive detention unsustainable. A bench of Justice Vinod Chatterji Koul …

High Court quashes preventive detention of Nanded resident accused of extortion
1 month, 1 week ago

High Court quashes preventive detention of Nanded resident accused of extortion

India Today  

The Aurangabad bench of the Bombay High Court, while quashing a detention order against a Nanded resident, observed that merely possessing a khanjar did not create a law and order situation or cause a disturbance to public order. The bench of Justices Vibha Kankanwadi and Sanjay Deshmukh held that the allegations against petitioner Dipak alias Lolya Tarasingh Mohil alias Thakur …

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 …

Kerala HC grants anticipatory bail to man booked under SC
2 months ago

Kerala HC grants anticipatory bail to man booked under SC

Op India  

The Malayalam expression “pulayadi mone,” which translates as “son of a prostitute,” is not considered a casteist slur that carries criminal penalties under the Scheduled Castes & Scheduled Tribes Act, 1989. The investigation also asserted that the offence under Section 3 had been committed, however, the bench countered that a violation under Section 3 of the Act would specify the …

Interim Release Of Goods Can Be Ordered Pending Adjudication Of Notice U/S 130 GST Act In Lieu Of Fine: Kerala High Court
2 months ago

Interim Release Of Goods Can Be Ordered Pending Adjudication Of Notice U/S 130 GST Act In Lieu Of Fine: Kerala High Court

Live Law  

The Kerala High Court has held that interim release of goods can be ordered pending adjudication of notice under section 130 GST Act in lieu of fine. The department submitted that Section 130 does not contemplate provisional release of goods which are proposed to be confiscated and the department has no authority to release the goods pending adjudication and until …

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 …

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” …

Ensure release of prisoners languishing unnecessarily in jails: HC
3 months, 1 week ago

Ensure release of prisoners languishing unnecessarily in jails: HC

Deccan Chronicle  

The Madras High Court has asked its Registrar General to ensure that the process for release of prisoners languishing unnecessarily in jails was accelerated by completing the formalities.Filing of necessary petitions through the Legal Aid Services before the competent court should also be ensured.A division bench comprising Justices S M Subramaniam and M Jyothiraman passed the order on Monday on …

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, 2 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 …

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

Savukku Shankar’s Goondas detention: Chennai Police ask third judge to refer petition against detention back to a Division Bench
9 months, 2 weeks ago

Savukku Shankar’s Goondas detention: Chennai Police ask third judge to refer petition against detention back to a Division Bench

The Hindu  

The Greater Chennai City Police on Thursday, June 6, 2024, filed a sub application before the Madras High Court claiming that Justice G. Jayachandran had agreed with the view taken by Justice P.B. Balaji, in a habeas corpus petition filed against YouTuber ‘Savukku’ Shankar alias A. Shankar’s detention under the Goondas Act, and therefore, the case must now be referred …

Not Detenue's Burden To Correct Typographical Error In FIR: J&K High Court Quashes Detention Order Due to Lapses By Authorities
11 months, 2 weeks ago

Not Detenue's Burden To Correct Typographical Error In FIR: J&K High Court Quashes Detention Order Due to Lapses By Authorities

Live Law  

Highlighting the importance of due diligence by authorities, the Jammu and Kashmir and Ladakh High Court has quashed the detention order of a resident of Baramulla, Kashmir. A bench of Justice Rahul Bharti found several lapses by the authorities, including a critical mistake in the FIR reference, which rendered the detention order unsustainable. “This omission with respect to wrong mentioning …

Cannot Utilise Previously Invalidated Grounds To Detain Individual For Issuance Of Fresh Detention Order: J&K High Court
11 months, 2 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 …

Successive Habeas Corpus Petition Challenging Same Detention Order Not Maintainable Even If New Grounds Are Raised: Kerala High Court
1 year ago

Successive Habeas Corpus Petition Challenging Same Detention Order Not Maintainable Even If New Grounds Are Raised: Kerala High Court

Live Law  

The Kerala High Court has stated that successive habeas corpus petitions are maintainable if fresh grounds are raised, however, a successive habeas corpus petition challenging the same detention order is not maintainable before the same court even on fresh grounds. A second habeas corpus writ was filed by the petitioner-wife of detenu before the High Court challenging the very same …

Kerala High Court Annual Digest 2023: Part II [Citations 256-511]
1 year, 2 months ago

Kerala High Court Annual Digest 2023: Part II [Citations 256-511]

Live Law  

Nominal Index Citations Arumughom Achari Ranganathan Achari & Ors v. Rajamma Sarojam & Ors., 2023 LiveLaw 256 A single bench of Justice Viju Abraham referred to Section 22C of the Legal Services Authorities Act,1987, Regulation 33 of the Kerala State Legal Services Authority Regulation, 1998 and Regulation 17 of the National Legal Services Authority Regulations, 2009 to conclude that both …

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 …

Jail Authorities Should Pass Considered Orders On Requests For Emergency Leave, Ordinary Parole Within 3 Weeks Of Application: Kerala High Court
1 year, 3 months ago

Jail Authorities Should Pass Considered Orders On Requests For Emergency Leave, Ordinary Parole Within 3 Weeks Of Application: Kerala High Court

Live Law  

In a significant decision, the Kerala High Court underscored the duty of jail authorities to consider applications moved by convicts and relatives of convicts for emergency leave, ordinary leave, and so on, within a fixed time frame. Kunhikrishnan took note that there were several petitions before the Court moved by convicts and their close relatives for getting emergency leave, ordinary …

Kerala High Court Grants Interim Protection From Arrest To Cricketer S. Sreesanth In Cheating Case
1 year, 3 months ago

Kerala High Court Grants Interim Protection From Arrest To Cricketer S. Sreesanth In Cheating Case

Live Law  

The Kerala High Court on Tuesday passed an order granting interim protection from arrest to cricketer S. Sreesanth in a cheating case. passed the interim order upon being told by the public prosecutor that the matter had been mutually settled between the parties. The Bench subsequently posted the case to a later date in order to implead the de facto …

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 …

Challenging Detention Orders, Getting Stay Before Execution May Prevent Proper Examination Of Evidence: J&K High Court
1 year, 5 months ago

Challenging Detention Orders, Getting Stay Before Execution May Prevent Proper Examination Of Evidence: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has held that after challenging a detention order before its execution through legal channels, they cannot argue that the order should be quashed due to a lack of live link between the current situation and the one when the detention order was issued. “.But if the petitioners and the appellants have taken …

Article 22(4) | State Must Confirm Order Under Kerala Anti-Social Activities Prevention Act Within 3 Months From Detention: High Court
1 year, 5 months ago

Article 22(4) | State Must Confirm Order Under Kerala Anti-Social Activities Prevention Act Within 3 Months From Detention: High Court

Live Law  

The Kerala High Court on Wednesday declared that the State Government ought to confirm the detention order issued under the Kerala Anti-Social Activities Act, 2007 within 3 months from the date of its execution.The Division Bench comprising Justice Anu Sivaraman and Justice C. Jayachandran observed that while Article 22 of the Constitution does not create. The Kerala High Court on …

PMLA | Freezing Order Under Section 17(1-A) Not Valid If ECIR Quashed & FIR Not Registered: Kerala High Court
1 year, 5 months ago

PMLA | Freezing Order Under Section 17(1-A) Not Valid If ECIR Quashed & FIR Not Registered: Kerala High Court

Live Law  

The Kerala High Court recently laid down that where the Enforcement Case Information Report has been quashed and no subsequent FIR has been registered against the accused, further proceedings under the Prevention of Money Laundering Act shall be dropped and an order issued under Section 17 would not stand. The counsel argued that since Section 420 IPC is one of …

Madras High Court Quashes Lawyer’s Detention Under COFEPOSA, Says Live And Proximate Link Had Snapped
1 year, 5 months ago

Madras High Court Quashes Lawyer’s Detention Under COFEPOSA, Says Live And Proximate Link Had Snapped

Live Law  

While setting aside a preventive detention order made by the State for detention of a lawyer in connection with smuggling under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974, the Madras High Court noted that the live and proximate link between grounds of detention and purpose of detention had snapped. “In the case on hand, from …

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 …

Plea In Kerala High Court Challenges Grant Of Anticipatory Bail To 57 Yrs Old Man Accused Of Sexually Assaulting 7-Yr-Old
1 year, 7 months ago

Plea In Kerala High Court Challenges Grant Of Anticipatory Bail To 57 Yrs Old Man Accused Of Sexually Assaulting 7-Yr-Old

Live Law  

A plea has been moved in the Kerala High Court against the grant of anticipatory bail to a 57 years old man accused of sexually assaulting a minor aged 7 years. The Sessions Judge vide, its Order dated August 3, 2023, granted anticipatory bail to the accused on noting the delay caused in the registration of the case and that …

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 …

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 …

KAAPA | Delay In Initiating Proceedings Doesn't Invalidate Restraint Order If Nexus To Anti-Social Activity Not Severed: Kerala High Court
1 year, 8 months ago

KAAPA | Delay In Initiating Proceedings Doesn't Invalidate Restraint Order If Nexus To Anti-Social Activity Not Severed: Kerala High Court

Live Law  

The Kerala High Court recently held that a delay in initiating proceedings under Section 15 of the Kerala Anti-Social Activities Act, 2007 does not always severe the live link between prejudicial activity and the initiation of legal action.Section 15 of the Act deals with the power to make orders restricting the movements of certain persons.Placing reliance on Stalin CV. The …

[Kerala Anti-Social Activities (Prevention) Act] Externment Order Vitiated If Reasons For Imposing Maximum Period Not Disclosed: High Court
1 year, 9 months ago

[Kerala Anti-Social Activities (Prevention) Act] Externment Order Vitiated If Reasons For Imposing Maximum Period Not Disclosed: High Court

Live Law  

The Kerala High Court recently observed that when issuing an externment order with the maximum period of punishment for one year under Section 15 of Kerala Anti-Social Activities Act, 2007, the reasons for passing such an order must be stated.A division bench of Justice P B Suresh Kumar and Justice C S Sudha observed: “As Section 15 of the Act …

When Application For Anticipatory Bail Is Not Pressed Interim Bail Stands Vacated: Kerala High Court
1 year, 9 months ago

When Application For Anticipatory Bail Is Not Pressed Interim Bail Stands Vacated: Kerala High Court

Live Law  

The Kerala High Court recently held that a person who was granted interim bail after executing the bail bond cannot rely on the interim bail order to submit that the main bail application has become infructuous. The Court held that as a consequence of the main application being dismissed as not pressed, the interim order granting bail to the petitioner …

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
1 year, 11 months 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 …

Contempt Case: Kerala High Court Directs Issuance Of Non-Bailable Warrant For Arrest Of 'V4 Kochi' President Nipun Cherian
2 years ago

Contempt Case: Kerala High Court Directs Issuance Of Non-Bailable Warrant For Arrest Of 'V4 Kochi' President Nipun Cherian

Live Law  

The Kerala High Court on Tuesday directed the issuance of a non-bailable warrant to the District Police Chief, Ernakulam, for the arrest and production of 'V4 Kochi' President Nipun Cherian, against whom a contempt case has been initiated by the court for his statements against a sitting judge of Kerala High Court. Their restraint stems from the nobility that they …

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" …

SC/ST Act | Bail Order Passed Without Notice To Victim A Nullity, Liable To Be Recalled: Kerala HC
2 years, 1 month ago

SC/ST Act | Bail Order Passed Without Notice To Victim A Nullity, Liable To Be Recalled: Kerala HC

Live Law  

The Kerala High Court recently recalled an order which granted bail after taking note of the fact that the order was passed without notice to the victim.The Court allowed an application filed by the victim seeking recall of the bail order passed without hearing him.The Court observed that a notice to the victim is mandatory as contemplated under Section 15A …

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 …

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 …

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