Legally Speaking | When the protector becomes the perpetrator: A look into recent cases of police excesses and abuse
10 months, 3 weeks ago

Legally Speaking | When the protector becomes the perpetrator: A look into recent cases of police excesses and abuse

Hindustan Times  

The State and the police are meant to serve and protect the citizen. From March 5, 2019, to September 14, 2022, the State kept imposing preventive detention orders, under the Jammu and Kashmir Public Safety Act, against the petitioner whom they claimed was a “threat to the security of the state.” What was strange about these orders though was that the three prior orders dated March 5, 2019, July 19, 2019, and June 29, 2020, had all been quashed by the same HC. However, the court quashed his detention order on July 11, 2019, on the ground that the detaining authority failed to mention that the petitioner had already been granted bail in all three rioting cases mentioned by the detaining authority. However, despite being granted bail in the rioting case, the detaining authority issued another preventive detention order premised on the very same rioting case on June 29, 2020. Despite the HC quashing three detention orders, yet another preventive detention order was passed against Lone on September 14, 2022.

India Court Cases Victim Detention Order Case Preventive Detention State Lone Psa Petitioner Preventive  court  look  speaking  detention  protector  legally  recent  state  hc  victim  perpetrator  order  cases  abuse  petitioner  case  excesses  preventive

History of this topic

Article 22(5) | Preventive Detention Order Unconstitutional If All Grounds Of Detention Are Not Communicated To Detenu: Orissa High Court
1 month 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
1 month, 1 week 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 …

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

Courts Can Scrutinise Grounds Of Detention To Ascertain Prima Facie Connection Between Grounds & Purpose Of Detention Order: J&K High Court
9 months, 4 weeks ago

Courts Can Scrutinise Grounds Of Detention To Ascertain Prima Facie Connection Between Grounds & Purpose Of Detention Order: J&K High Court

Live Law  

Asserting that Courts are not barred from examining the grounds of detention, the Jammu and Kashmir and Ladakh High Court has recently ruled that the Court has the authority to examine the grounds for detention and ensure a prima facie connection between the grounds and the purpose of the detention order. While acknowledging that subjective satisfaction recorded by the detaining …

[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 …

Discover Related