HC Issues Notice to State Govt on Petition Against Gujarat Control of Terrorism and Organised Crime Act
4 years, 6 months ago

HC Issues Notice to State Govt on Petition Against Gujarat Control of Terrorism and Organised Crime Act

News 18  

The Gujarat High Court on Tuesday issued notice to the state government on a petition challenging the Gujarat Control of Terrorism and Organised Crime Act which was passed in March, 2015 and got assent of the president in November last year. Through his lawyer Virat Popat, the petitioner has challenged the constitutional validity of the GCTOC Act and said some provisions of sections 2, 16, 20, 20 and 20 violate Articles 20 and 21 of the Constitution, and “are drastic, arbitrary, unreasonable, susceptible to misuse and therefore, should be quashed and set aside”. “Article 20 clearly puts limitation upon the lawmaking power of any legislative authority as regards retrospective criminal legislation…A person accused of an offence has the fundamental right not to be prosecuted for greater penalty than what existed at the time when the offence is committed,” it said. Further, the provision preventing the accused from getting anticipatory bail has been challenged, as “anticipatory bail is also a statutory and fundamental right protected under Article 21”.

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History of this topic

Person Summoned Under Sec 69 CGST Act Cannot Seek Anticipatory Bail Under S 438 CrPC; Only Remedy Is Under Art 226 : Supreme Court
1 year, 8 months ago

Person Summoned Under Sec 69 CGST Act Cannot Seek Anticipatory Bail Under S 438 CrPC; Only Remedy Is Under Art 226 : Supreme Court

Live Law  

The Supreme Court on Monday held that if a person is summoned under Section 69 of the CGST Act, 2017 for the purpose of recording of his/her statement, the provision of Section 438 of Criminal Procedure Code, 1973 cannot be invoked.A division bench of Justice J B Pardiwala and Justice Prashant Kumar Mishra observed: “Thus, the position of law is …

'Delay In Trial Offends Article 21 Everyday': Orissa HC Expedites Trials Of Alleged ‘Tribal Extremists’ Detained Since 8 Yrs
2 years, 1 month ago

'Delay In Trial Offends Article 21 Everyday': Orissa HC Expedites Trials Of Alleged ‘Tribal Extremists’ Detained Since 8 Yrs

Live Law  

The Orissa High Court has directed trial courts to expedite trials of cases involving three female tribal ladies who have been languishing in jail for over last eight years after being branded as ‘extremists’ by the State. The delay in completing the trial appears un-surmountable and the Petitioners’ right enshrined under Article 21 is offended every day.” Submissions of Parties …

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations
2 years, 1 month ago

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations

Live Law  

The Gujarat High Court recently quashed a trial court order denying the accused opportunity to examine a police inspector in a rape case. The trial court had also observed that unless and until she is not examined by the court, the statement recorded under Section 161 of Cr.P.C. Before the registration of rape case, the victim's brother had lodged the …

Gujarat 'Anti-Love Jihad' Law: High Court Grants Interim Bail To Accused On A Joint 'Settlement' Plea Moved By Him & Complainant-Wife
3 years, 5 months ago

Gujarat 'Anti-Love Jihad' Law: High Court Grants Interim Bail To Accused On A Joint 'Settlement' Plea Moved By Him & Complainant-Wife

Live Law  

The Gujarat High Court on Wednesday granted interim bail to an accused/husband, his relatives on a joint plea filed by him and his complainant-wife seeking quashing of an FIR under the Gujarat Freedom of Religion Act, 2021.The Bench Of Justice Ilesh J. Vora was hearing the joint plea of the interfaith couple submitting that the issues have been resolved. The …

Man moves Gujarat HC after police 'refuse' to register case under anti-conversion law
3 years, 6 months ago

Man moves Gujarat HC after police 'refuse' to register case under anti-conversion law

India Today  

The Gujarat High Court has sought more information from the authorities after a man filed a petition claiming that police did not register FIR on his complaint under the recently amended Gujarat Freedom of Religion Act. Justice Ilesh J Vora on Friday directed the Assistant Public Prosecutor to get instructions from the police regarding the complaint dated June 24, 2021, …

HC admits petitions against Gujarat Prohibition Act as ‘maintainable’
3 years, 7 months ago

HC admits petitions against Gujarat Prohibition Act as ‘maintainable’

Hindustan Times  

The Gujarat high court on Monday held as maintainable a batch of petitions challenging the provisions of Gujarat Prohibition Act, 1949, which bans the manufacture, sale and consumption of liquor in the state. HT Image A division bench comprising chief justice Vikram Nath and Justice Biren Vaishnav said the court held the petitions as “maintainable and be heard and decided …

[PASA Act] Not Wearing Mask And Entering Into Altercation With The Police Personnel Not A Sufficient Ground To Detain Petitioner As A 'Dangerous Person': Gujarat HC [Read Order]
4 years, 6 months ago

[PASA Act] Not Wearing Mask And Entering Into Altercation With The Police Personnel Not A Sufficient Ground To Detain Petitioner As A 'Dangerous Person': Gujarat HC [Read Order]

Live Law  

The Gujarat High Court on Friday set aside an order of detention passed under the 'Gujarat Prevention of Anti-Social Activities Act, 1985', holding that just because the petitioner was not wearing the mask and when stopped by the police personnel, got furious and entered into an altercation with the police personnel, cannot bring the case of the detenue within the …

'Disproportionate Restriction On Innocent Civilians':Plea In Gujarat HC Against Perpetual Imposition of S. 144 CrPC In Ahmedabad
5 years, 3 months ago

'Disproportionate Restriction On Innocent Civilians':Plea In Gujarat HC Against Perpetual Imposition of S. 144 CrPC In Ahmedabad

Live Law  

A petition has been filed in the Gujarat High Court against repeated issuance of curfew orders under Section 144 of CrPC and Section 37 of Gujarat Police Act, in the city of Ahmedabad, that too without identifying any imminent threat to public order and tranquility. Section 144 empowers a District Magistrate, a sub- divisional Magistrate or any other Executive Magistrate …

Mere Filing Of FIR Not Sufficient To Order Detention Under Gujarat Prevention Of Anti Social Activities Act: HC [Read Judgment]
7 years, 8 months ago

Mere Filing Of FIR Not Sufficient To Order Detention Under Gujarat Prevention Of Anti Social Activities Act: HC [Read Judgment]

Live Law  

Gujarat High Court on Wednesday set aside an order of detention passed under the Gujarat Prevention of Anti Social Activities Act, 1985, holding that the disorder caused by commission of an offence may not come under the purview of public disorder, irrespective of the gravity of the offence.“…it appears that the subjective satisfaction arrived at by the detaining authority cannot …

Watch: Gujarat Assembly Passes Controversial Anti-Terror Bill
9 years, 11 months ago

Watch: Gujarat Assembly Passes Controversial Anti-Terror Bill

The Quint  

The bill called the ‘Control of Terrorism and Organized Crime Bill’ is so contentious that past versions of the bill, have been rejected by Presidents Abdul Kalam and Pratibha Patil. The controversial provisions of the bill include allowing the police to intercept phone calls and wire communications and use the conversations as evidence in a court of law. Also, as …

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