Speeches Criticising Govt, Its Policies & Actions Cannot Be Termed As Threat To Public Order: Madras High Court
4 months, 2 weeks ago

Speeches Criticising Govt, Its Policies & Actions Cannot Be Termed As Threat To Public Order: Madras High Court

Live Law  

While setting aside the detention of Youtuber Savukku Shankar, the Madras High Court on Friday observed that freedom of speech is an inborn right and the same cannot be curtailed unless there is a threat to public order. The court added that speeches criticizing the government, its actions and policies, and those exposing the corrupt or illegal actions of the government could not be called a threat to public order. Speeches criticising the ruling government, its policies and actions or exposing corrupt or illegal actions in the public administration cannot in itself be termed as threat to 'Public order',” the court said. The court underlined the State must exercise extreme care and caution while invoking the Preventive Detention laws and should not routinely use the same to suppress the fundamental rights of the citizens.

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History of this topic

Public Insult By Judicial Order Has Tremendous Impact On Individual’s Reputation, Restrain Must Be Exercised: Delhi High Court
1 year, 7 months ago

Public Insult By Judicial Order Has Tremendous Impact On Individual’s Reputation, Restrain Must Be Exercised: Delhi High Court

Live Law  

The Delhi High Court has said that public insult and disrespect by way of a publicly available judicial order has tremendous impact on an individual’s self-esteem and reputation in the society and judicial restrain must be exercised by courts in passing such strictures. As the trial court had also expressed displeasure about framing of questions in improper sentences by officers, …

Offences Alleged Against A Person Must Fall Within Realm Of Disturbing "Public Order" To Warrant Preventive Detention: J&K&L High Court Reiterates
2 years, 5 months ago

Offences Alleged Against A Person Must Fall Within Realm Of Disturbing "Public Order" To Warrant Preventive Detention: J&K&L High Court Reiterates

Live Law  

The Jammu and Kashmir and Ladakh High Court on Wednesday reiterated that a detention order passed by a competent authority under Sec 8 of J&K Public Safety Act on the ground of disturbance of law & order situation is not sustainable in law as the said provision clearly prescribes "prejudicial to Public order" as a ground to issue detention orders. …

Possible Apprehension Of Breach Of 'Law And Order ' Cannot Be A Ground For Preventive Detention: Supreme Court
3 years, 4 months ago

Possible Apprehension Of Breach Of 'Law And Order ' Cannot Be A Ground For Preventive Detention: Supreme Court

Live Law  

The Supreme Court observed that a possible apprehension of breach of law and order cannot be a ground to detain a person under Preventive Detention Laws.The bench headed by Justice RF Nariman observed that mere contravention of law such as indulging in cheating or criminal breach of trust certainly affects 'law and order' but before it can be said to …

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