single habeas issues akhil materials girl detenu granted return case forest punjab prerogative wasnt 14 govts court advisory parole supreme save officials released mother preventive maternal custody petitioner operation executive

Articles for Detenue

"She Is A Major, Family Can't Restrain Her": Andhra Pradesh HC Allows Woman To Live With Same-Sex Partner
7 hours, 5 minutes ago

"She Is A Major, Family Can't Restrain Her": Andhra Pradesh HC Allows Woman To Live With Same-Sex Partner

Live Law  

While hearing a habeas corpus petition wherein a woman had claimed that her female partner had been detained by her parents, the Andhra Pradesh High Court while upholding the right of women to cohabit together said that the detenue was major and her family cannot restrain her from taking her own life decisions. The division bench of Justice R. Raghunandan …

Family Parents Her Family Her Parents Petitioner Detenue
Careful Consideration Of Grounds On Which Bail Has Been Granted To Detenue Is Critical In Preventive Detention Cases: J&K High Court
1 month, 2 weeks ago

Careful Consideration Of Grounds On Which Bail Has Been Granted To Detenue Is Critical In Preventive Detention Cases: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has emphasised that when bail is granted not on the merits of the case but due to procedural defaults under Section 167 of the Criminal Procedure Code or for urgent temporary purposes, such grounds might not favor the detainee. Underscoring the importance of carefully considering the grounds for bail in preventive detention …

Court Bail Case Preventive Detention Grounds Preventive Justice Nargal
"Woman's Autonomy Not Defined By Family Obligation": HC Rejects Father's Plea For Custody Of Adult Daughter Living Separately From Husband
3 months, 2 weeks ago

"Woman's Autonomy Not Defined By Family Obligation": HC Rejects Father's Plea For Custody Of Adult Daughter Living Separately From Husband

Live Law  

Observing that "the identity and autonomy of an adult woman are not defined by her relationships or familial obligations", the Punjab & Haryana High Court has rejected the habeas corpus plea of a father who sought custody of his 30-year-old daughter, allegedly for sending her back to her matrimonial home.Justice Manjari Nehru Kaul said, "the Constitution safeguards her right to …

Constitution Court Habeas Corpus Custody Writ Personal Liberty His Daughter
'No Sufficient Cause Was Shown Before Passing Detention Order': Patna High Court Orders Release Of Detenue Arrested Under PITNDPS Act
4 months, 1 week ago

'No Sufficient Cause Was Shown Before Passing Detention Order': Patna High Court Orders Release Of Detenue Arrested Under PITNDPS Act

Live Law  

The Patna High Court on Wednesday ordered the release of a detenue who was detained pursuant to the order passed by the Joint Secretary, Government of India, under Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. The release was ordered because the opinion of the advisory board recommending the detention of the …

Board Court Detention Order Detenue Detention Order Pitndps
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 …

Language Court Detention Order Right Grounds Petitioner
Allahabad HC Sends Minor Willing To Live With 'Husband' To Father's Custody For 18 Days Until She Attains Majority
6 months, 2 weeks ago

Allahabad HC Sends Minor Willing To Live With 'Husband' To Father's Custody For 18 Days Until She Attains Majority

Live Law  

Last week, the Allahabad High Court deferred its decision to allow a minor girl to reside with her 'husband' once she reached the age of majority. Hearing the matter on May 10, the Court directed the concerned SHO to produce the minor girl personally, having regard to her decency and security so that On May 23, the girl's family informed …

Court Sho Girl Her Parents Petition Minor Detenue
Karnataka High Court Allows Interfaith Couple To Cohabit After Girl Says She Voluntarily Left Home, Wasn't Facing Any Coercion Or Undue Influence From Husband
7 months ago

Karnataka High Court Allows Interfaith Couple To Cohabit After Girl Says She Voluntarily Left Home, Wasn't Facing Any Coercion Or Undue Influence From Husband

Live Law  

The Karnataka High Court recently disposed of habeas corpus petition filed by a mother of a girl after the detenue girl informed the court that she has married and is staying with her Muslim husband in Kerala and does not intend to go back to her parents. A division bench of Justice S Sunil Dutt Yadav and Justice Venkatesh Naik …

High Court Court Respondent This Court Karnataka High Detenue
Mother Entitled To Custody Of Male Child Until He Completes Age Of 7 Years As Per Muslim Law: Allahabad High Court
1 year ago

Mother Entitled To Custody Of Male Child Until He Completes Age Of 7 Years As Per Muslim Law: Allahabad High Court

Live Law  

The Allahabad High Court has observed that according to the Mohammedan Law, a mother is entitled to custody of a male child until he completes the age of 7 years.The bench of Justice Karunesh Singh Pawar observed thus while allowing a habeas corpus filed by the mother of the detenue-Takbeer Khan, aged about 3 years and 7 months. The Allahabad …

Court Custody Child Case Mother Khan Her Husband
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 …

Detention Order Case Preventive Detention Authority Preventive Detaining
Preventive detention only in the rarest of rare cases: HC
1 year, 5 months ago

Preventive detention only in the rarest of rare cases: HC

Deccan Chronicle  

HYDERABAD: A two-judge bench of the Telangana High Court, comprising Justice K. Lakshman and Justice P. Sree Sudha, set aside a preventive detention order based on a solitary crime out of grudge and animosity. GST Act vires challenged: The two-judge bench of the Telangana High Court admitted a writ plea seeking for declaring provisions of the Goods and Services Tax …

Justice Public Order Court Detention Bank Order Telangana
HC Dismisses Habitual Offender's Plea
1 year, 5 months ago

HC Dismisses Habitual Offender's Plea

Deccan Chronicle  

Hyderabad: A two-judge bench of the Telangana High Court on Wednesday upheld the preventive detention of Salman Khan, who was detained under the Goondas Act for five crimes under sections of cheating, criminal intimidation and Pocso Act. HC stays disciplinary proceedings against cop Justice P. Madhavi Devi of the Telangana High Court on Wednesday stayed a departmental inquiry against a …

Justice Disciplinary Proceedings Arbitration Public Order Court Detention Order
Karnataka High Court Directs Prison Authority To Consider Woman's Plea To Release Murder Convict On Parole For Their Marriage
1 year, 8 months ago

Karnataka High Court Directs Prison Authority To Consider Woman's Plea To Release Murder Convict On Parole For Their Marriage

Live Law  

The Karnataka High Court has directed the prison authorities to consider the representation of a woman and release a murder convict on parole leave, for him to marry her or else she would be given in marriage to someone else. It said “The respondents 2 and 3 are directed to consider the representations of the petitioners and release the detenue/Anand …

Prison Court Release Kar Parole Petition Detenue
Punjab & Haryana HC Allows 9-Yr-Old To Stay With Maternal Grandmother After Mother Fails To Save Her From Sexual Abuse By Step Father
1 year, 8 months ago

Punjab & Haryana HC Allows 9-Yr-Old To Stay With Maternal Grandmother After Mother Fails To Save Her From Sexual Abuse By Step Father

Live Law  

Ruling that if the custody of either of the parents does not promote the child's welfare, it can be handed over to a third person, the Punjab and Haryana High Court has refused to hand over a 9-year-old girl to her mother, while allowing the maternal grandmother to retain her custody. Lastly, the petitioner contended that there existed a grave …

Court Sexual Abuse Custody Child Mother Punjab Alleged
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 …

Constitution Detention Order Right Period Individual Detenue
[Preventive Detention] Satisfaction Of Detaining Authority Must Be Based On Collective Scrutiny Of Police Dossier & Connected Docs: J&K&L High Court
2 years, 1 month 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 …

Public Order Detention Order Public Bench Material Passing
Article 22(5): Delay In Considering Representation Against Detention Order A Ground To Nullify It, Says Karnataka HC
2 years, 3 months ago

Article 22(5): Delay In Considering Representation Against Detention Order A Ground To Nullify It, Says Karnataka HC

Live Law  

The Karnataka High Court has said that delayed consideration by authorities of the representation made by a detenu amounts to violation of Article 22 of the Constitution of India and constitutes a ground to nullify the order of detention. Jayamma vs. Commissioner of Police, Bengaluru and Leelavathi vs. Commissioner of Police, Bengaluru & others, the bench said: "A duty is …

Bengaluru Representation State Bench Petitioner Karnataka Hc Detention Order
Person Arrested Under UAPA Has Bleak Chances Of Bail, Detaining Authority Must Show Compelling Reasons For His Preventive Detention: J&K&L High Court
2 years, 4 months ago

Person Arrested Under UAPA Has Bleak Chances Of Bail, Detaining Authority Must Show Compelling Reasons For His Preventive Detention: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated that preventive detention orders can be passed even when a person is in police custody. The petitioner had challenged the impugned order of detention on the ground that at the time when the impugned order of detention was passed, he was already in custody in connection with FIR for offences …

Record Activities Court Detention Order Fir Reasons
Interfaith Marriage- "Habeas Plea Not Maintainable On Apprehension Of Communal Tension": Allahabad HC Dismisses Girl's Father Plea
3 years, 1 month ago

Interfaith Marriage- "Habeas Plea Not Maintainable On Apprehension Of Communal Tension": Allahabad HC Dismisses Girl's Father Plea

Live Law  

The Allahabad High Court recently dismissed a habeas corpus plea filed by a father seeking the production of his daughter and a direction to set her free from the illegal detention of a man, a Hindu by religion.Taking into account the apprehension of the father regarding communal tension in the garb of a threat, if the alleged detenue is not …

Court Habeas Corpus Threat Hindu Alleged Plea Father
"Unexplained Delay Of 4 Days": Allahabad HC Quashes NSA Detention Of Man Who Allegedly Protested, Assaulted Police Force
3 years, 1 month ago

"Unexplained Delay Of 4 Days": Allahabad HC Quashes NSA Detention Of Man Who Allegedly Protested, Assaulted Police Force

Live Law  

The Allahabad High Court last week quashed the detention order passed under the National Security Act on account of 4 days of unexplained delay in disposing of the petitioner/detenue's representation by the Union of India.This order was passed by the Bench of Justice Ramesh Sinha and Justice Saroj Yadav while hearing the habeas corpus plea filed by the detenue Sonu …

Representation Public Order Court Detention National Security Act Union Order
Allahabad HC Upholds NSA Detention Order Passed Against Man Accused Of Murdering Hindu Samaj Party's Kamlesh Tiwari
3 years, 2 months ago

Allahabad HC Upholds NSA Detention Order Passed Against Man Accused Of Murdering Hindu Samaj Party's Kamlesh Tiwari

Live Law  

The Allahabad High Court recently upheld the detention order passed under the National Security Act against one Mohseen Saleem Sheikh, who has been accused of conspiring in the 'brutal murder' of the President of the Hindu Samaj Party, Kamlesh Tiwari. Even though the period of detention is already over, the Bench of Justice Ramesh Sinha and Justice Saroj Yadav found …

High Court Murder Court Bail Detention Lucknow Order
"Preventive Detention Shall Not Be Decided In Slipshod Manner":Gujarat HC Issues Guidelines For State, Detaining Authority [Read Order]
4 years, 2 months ago

"Preventive Detention Shall Not Be Decided In Slipshod Manner":Gujarat HC Issues Guidelines For State, Detaining Authority [Read Order]

Live Law  

The division bench further iterated that the concerned government pleader appearing for the State also as an Officer of the Court owes a duty to assist the Court in the right manner and in the right direction. The detaining authority should also communicate the grounds of detention comprising of the basic facts, and the relied upon materials, in their entirety …

Government Court Detention Materials Preventive Detention State Grounds
'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 …

Court Detention Preventive Detention Srinagar Passing Grounds Authority
Detaining Authorities Must Be Given Proper Training About Requirements Of Law In Passing Detention Order: J&K HC Releases Man Allegedly Detained As Lashkar-e-Taiba Worker [Read Order]
4 years, 2 months ago

Detaining Authorities Must Be Given Proper Training About Requirements Of Law In Passing Detention Order: J&K HC Releases Man Allegedly Detained As Lashkar-e-Taiba Worker [Read Order]

Live Law  

While quashing a Detention order passed by respondent No. 2 under the provisions of Public Safety Act, 1978, the Jammu and Kashmir High Court on Monday remarked, "We are at pains to observe that in routine this Court comes across the cases in which the detention orders issued on the grounds of threat to the security and integrity of State …

Law English Court Detention Order Fir Passing
[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, 3 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 …

Public Order Court Gujarat Fir Act Person Pasa