Jammu & Kashmir High Court Issues Notice On Plea Challenging Maximum Preventive Detention Period Under Public Safety Act
3 years, 10 months ago

Jammu & Kashmir High Court Issues Notice On Plea Challenging Maximum Preventive Detention Period Under Public Safety Act

Live Law  

The Jammu and Kashmir High Court has issued notice to the UT administration on a PIL challenging the constitutional validity of Section 18 of the Public Safety Act, 1978. Therefore Section 18 of the Public Safety Act of 1978 which was earlier saved from the applicability of Article 22 will no longer remain the same and due to the applicability of Article 22 now to the Union Territory of Jammu and Kashmir, Section 18 of the Jammu and Kashmir Public Safety Act shall be violative of Article 22 of the Constitution of India." The plea states, "since the "maximum" Punishment for the Preventive Detention as per Article 22 of the Constitution shall be decided by the Parliament and since further the National Security Act of 1980 is the law made by the Parliament, the maximum punishment as decided by the National Security Act should be taken as the position with regard to the Maximum Punishment in Preventive Detention. And therefore Section 18 of the Jammu and Kashmir Public Safety Act 1978 which prescribes a maximum punishment of two years as opposed to one year under the National Security Act, Section 18 is violative of Article 22 of the Constitution of India and hence need to be struck down."

Safety Constitution Kashmir Detention Preventive Detention Period Public Jammu Act Parliament Article Two Years Maximum Petitioner Preventive Section 18 Of Public Safety Act  plea  article  act  22  preventive  notice  detention  public  maximum  kashmir  jammu  issues  constitution  safety  period

History of this topic

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

Supreme Court Asks Jammu & Kashmir UT To Frame Policy On Premature Release Of Convicts
1 month, 1 week ago

Supreme Court Asks Jammu & Kashmir UT To Frame Policy On Premature Release Of Convicts

Live Law  

Through a significant order, the Supreme Court recently nudged the Union Territory of Jammu and Kashmir to frame policy for premature release of convicts, considering that framing of the policy lies within the exclusive domain of the UT and it has no policy for remission on the basis of period of incarceration.A bench of Justices Surya Kant and Ujjal Bhuyan …

Habeas Corpus Petitions Can't Be Allowed To Become Infructuous Due To Pendency Outlasting Period Of Detention: J&K High Court
3 months, 2 weeks ago

Habeas Corpus Petitions Can't Be Allowed To Become Infructuous Due To Pendency Outlasting Period Of Detention: J&K High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court ruled that a habeas corpus writ petition cannot be dismissed solely because the period of preventive detention has expired during the pendency of the case. Justice Rahul Bharti, while adjudicating the case, stated: "A habeas corpus writ petition cannot be allowed to suffer self-abortion because of its pendency outlasting the prescribed period …

Jammu & Kashmir High Court To Examine Whether Govt Servants Can Stand For Assembly Elections Without Resigning
3 months, 2 weeks ago

Jammu & Kashmir High Court To Examine Whether Govt Servants Can Stand For Assembly Elections Without Resigning

Live Law  

The Jammu and Kashmir and Ladakh High Court will delve into the constitutionality of whether government servants are prohibited from engaging in electoral politics. The petitioner sought two primary reliefs: The court declare Rule 14 ultra vires, as it imposes restrictions on the political participation of government servants. Additionally, the Advocate General referred to Section 134-A of the Representation of …

J&K Public Safety Act Cannot Be Used As Shortcut To Circumvent Due Process Established Under Code of Criminal Procedure: J&K High Court
4 months 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
4 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 …

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 15 - July 21, 2024
5 months ago

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 15 - July 21, 2024

Live Law  

Nominal Index: Shameem Ahmad Shah Vs UT of J&K 2024 LiveLaw 185 Mohammad Sultan Najar Vs UT of J&K 2024 LiveLaw 186 Nisar Ahmad Rather Vs Tahir Ahmad Reshi 2024 LiveLaw 187 State through Executive Engineer PHE Division, Doda Vs Sakina Begum 2024 LiveLaw 188 Din Mohd Vs Shokat Ali 2024 LiveLaw 189 Ghulam Mohiudin Lone Vs UT of J&K …

J&K High Court Imposes 10K Cost On DM Jammu For 'Unjustifiable' Preventive Detention Order
5 months, 1 week ago

J&K High Court Imposes 10K Cost On DM Jammu For 'Unjustifiable' Preventive Detention Order

Live Law  

The High Court of Jammu & Kashmir and Ladakh has sharply criticized a preventive detention order issued under the Jammu and Kashmir Public Safety Act, 1978, and imposed a ₹10,000 fine on the District Magistrate Jammu, personally, citing "unjustifiable" grounds for the detention. The court described the detention order as based on the “twisted reasoning and thought process of the …

High Court Directs Personal Appearance Of Jammu's Divisional Commissioner Over Repeated Failure To Produce Detention Records
1 year, 2 months ago

High Court Directs Personal Appearance Of Jammu's Divisional Commissioner Over Repeated Failure To Produce Detention Records

Live Law  

The Jammu and Kashmir High Court has ordered the personal appearance of the Jammu Divisional Commissioner on October 12 for repeated failure to produce detention records in a habeas corpus plea. The directions were passed by Justice Javed Iqbal Wani during the hearing of a habeas corpus petition filed by a man who is currently held in Kishtwar district jail …

Engaged In Anti-National Activities Since Tender Age: J&K High Court Upholds Detention Of Alleged Dukhtaran-e-Milat Operative
1 year, 4 months ago

Engaged In Anti-National Activities Since Tender Age: J&K High Court Upholds Detention Of Alleged Dukhtaran-e-Milat Operative

Live Law  

The Jammu and Kashmir High Court has upheld a preventive detention order issued against Haseena Akhter who is allegedly associated with the banned outfit Dukhtaran-e-Milat. Justice M.A Chowdhary upheld the detention order upon finding that the detenu was involved in anti-national activities from a young age and her activities posed a potential threat to the security of the State, justifying …

Jammu & Kashmir High Court Upholds Preventive Detention Of Alleged Leader Of Banned Organization Jamat-e-Islami
1 year, 4 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, 4 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, 4 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 …

Person Confined Under Preventive Detention Law In Jammu & Kashmir Not Released Despite High Court's Quashing Order Passed Over A Year Ago
1 year, 7 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 …

CPC | 120 Days Period For Filing Written Statement Mandatory In Jammu & Kashmir After Abrogation Of Article 370, Court Has No Power To Extend It: High Court
1 year, 7 months ago

CPC | 120 Days Period For Filing Written Statement Mandatory In Jammu & Kashmir After Abrogation Of Article 370, Court Has No Power To Extend It: High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Tuesday clarified that the Civil Procedure Code, 1908 so far as its applicability to the Union Territory of Jammu & Kashmir is concerned after amendments in view of Abrogation of Article 370, provides a maximum period of 120 days to the defendant to file the written statement failing which the defendant …

Punjab And Haryana High Court Relaxes Norm On 'Mandatory Custody' For Suspension Of Sentence In NDPS Cases
1 year, 9 months ago

Punjab And Haryana High Court Relaxes Norm On 'Mandatory Custody' For Suspension Of Sentence In NDPS Cases

Live Law  

A division bench comprising of Justices M.S. Ramachandra Rao and Sukhvinder Kaur of the Punjab and Haryana High Court has held that the norm of undergoing minimum mandatory period of custody of 6 years for consideration of grant of relief of suspension of sentence in cases where there is conscious possession of commercial quantity of contraband RCR 316) is liable …

Detention Order Passed For Pleasure Of Passing It, Grounds Not A Matter Of Wordplay: High Court Censures Kashmir Divisional Commissioner
1 year, 11 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 …

District Magistrate Cannot Describe Period Of Preventive Detention, Govt's Prerogative To Do The Same : JKL High Court
2 years 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 …

Preventive Detention Cannot Be Made By Stating Vague Grounds: Jammu And Kashmir High Court
2 years, 7 months ago

Preventive Detention Cannot Be Made By Stating Vague Grounds: Jammu And Kashmir High Court

Live Law  

The Jammu and Kashmir High Court recently quashed an order for detention while observing that detention in preventive custody on the basis of such vague and ambiguous grounds of detention cannot be justified. Petitioner submitted that the allegations made in the grounds of detention are vague and indefinite and no prudent man can make an effective representation against these allegations …

Non-Supply Of Vital Documents To Detenue Hampers His Right To Make Representation: J&K&L High Court Quashes Preventive Detention Order
2 years, 7 months ago

Non-Supply Of Vital Documents To Detenue Hampers His Right To Make Representation: J&K&L High Court Quashes Preventive Detention Order

Live Law  

Jammu and Kashmir High Court recently quashed a preventive detention order declaring it to be illegal on ground that all important documents related to the matter were not provided to the detenue. Justice Sanjay Dhar observed: "Contention of the petitioner that whole of the material relied upon by the detaining authority, while framing the grounds of detention, has not been …

Presumption U/S 29 POCSO Act Comes Into Play Even At Pre Trial Stage: Jammu & Kashmir & Ladakh High Court
2 years, 9 months ago

Presumption U/S 29 POCSO Act Comes Into Play Even At Pre Trial Stage: Jammu & Kashmir & Ladakh High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has observed that presumption under Section 29 of the Protection of Children from Sexual Offences Act, 2012 comes into play even at the pre-trial stage.The Bench of Justice Javed Iqbal Wani observed thus as it agreed with a Jugdment of the Coordinate Bench of the High Court about the applicability of the …

Jammu And Kashmir High Court Upholds Validity Of "Egress And Internal Movement (Control) Ordinance, 2005", Sets Aside Magistrate's Reference Order
3 years, 9 months ago

Jammu And Kashmir High Court Upholds Validity Of "Egress And Internal Movement (Control) Ordinance, 2005", Sets Aside Magistrate's Reference Order

Live Law  

The Jammu and Kashmir High Court, Srinagar Bench on Friday upheld the validity of the Egress And Internal Movement Ordinance, 2005 while setting aside the reference made by the Judicial Magistrate First Class expressing doubts about its validity. The learned Magistrate vide order dated 19.09.2012 made the reference after observing that the said Ordinance had "outlived its life" in July …

Access To Justice: Jammu & Kashmir High Court Launches 'Insaaf Ki Dastak' Initiative To Enable Filing Of Cases Via Postal Service; Sets Up Camp Courts
4 years ago

Access To Justice: Jammu & Kashmir High Court Launches 'Insaaf Ki Dastak' Initiative To Enable Filing Of Cases Via Postal Service; Sets Up Camp Courts

Live Law  

The Jammu & Kashmir High Court on Monday launched a unique initiative to enable litigants residing in remote, far-flung areas of Jammu, Kashmir and Ladakh to file cases via existing postal service, without having to visit Courts. Chief Justice Gita Mittal and Justice Rajesh Bindal launched the two-pronged initiative titled 'Insaaf ki Dastak' to enable continuous access to justice to …

'If Detenue Was In Custody, It Wouldn't Have Been Possible For Him To Indulge In Stone Pelting' J&K HC Quashes A Detention Order Passed 'In A Mechanical Manner' [Read Order]
4 years, 2 months ago

'If Detenue Was In Custody, It Wouldn't Have Been Possible For Him To Indulge In Stone Pelting' J&K HC Quashes A Detention Order Passed 'In A Mechanical Manner' [Read Order]

Live Law  

While hearing a petition wherein the Detaining Authority had ordered to place a Detenue under preventive detention, the Jammu and Kashmir High Court on Tuesday noted that it was clear from the dossier as well as the grounds of detention that at the time of passing of the impugned order, the detenue was in custody. This goes on to strengthen …

Reliance Of Both 'Security Of The State' And 'Maintenance Of Public Order' Which Are Distinct Concepts Reflect Non-Application Of Mind By The Detaining Authority : J&K HC
4 years, 3 months ago

Reliance Of Both 'Security Of The State' And 'Maintenance Of Public Order' Which Are Distinct Concepts Reflect Non-Application Of Mind By The Detaining Authority : J&K HC

Live Law  

The Srinagar Bench of the Jammu & Kashmir High Court quashed a detention order detaining Fayaz Ahmed Mir of Pulwama under Section 8 of the Jammu & Kashmir Public Safety Act, 1978. He referred the Court to the twin activities mentioned in the detention order namely "Maintenance of Public Order" and "the Security of the State" as proof of non-application …

Supreme Court refuses to hear plea against Jammu & Kashmir domicile rules
4 years, 5 months ago

Supreme Court refuses to hear plea against Jammu & Kashmir domicile rules

The Hindu  

The Supreme Court on Wednesday declined to entertain a petition challenging legal provisions granting 100% domiciliary quota in public employment in the Union Territory of Jammu and Kashmir. A three-judge Bench led by Justice L. Nageswara Rao advised advocate Nahum Ul Huda to approach the J&K High Court. Letter and spirit: On new domicile rules in J&K | Fact check: …

SC Issues Notice On Habeas Plea Challenging Detention Of J&K Congress Leader Saifuddin Soz
4 years, 6 months ago

SC Issues Notice On Habeas Plea Challenging Detention Of J&K Congress Leader Saifuddin Soz

Live Law  

The Supreme Court on Friday issued notice on a habeas Corpus petition filed against the Government of Jammu and Kashmir's detention order of octogenarian Congress leader and former Union Minister Prof. Saifuddin Soz who has been under house arrest since 5th August, 2019.A bench headed by Justices Arun Mishra issued the notice, after hearing Senior Advocates P Chidambaram and Dr …

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