Anti-National Archives

preventive detention over 19-year-old FIR

19-year-old FIR cannot be the basis of a preventive detention order; J&K and Ladakh HC quashes detention order

“In a democracy governed by the rule of law, the power to detain a person without trial, for security of the State or maintenance of public order must be strictly construed. But where individual liberty comes into conflict with the security of the State or public order, then the liberty of the individual must give way to the larger interests of the nation.”

Case Briefs High Courts

Investigating Agency must justify arrest under UAPA; No rule of thumb to determine whether accused is ‘clear and present danger’: J&K and Ladakh HC

The High Court meaningfully stated the existence of prima facie evidence against the accused is to no avail if there is no justification for the arrest based on the doctrine of clear and present danger to the society.

Case Briefs High Courts

Being brother of a militant, and lacking any ostensible activities disrupting public peace or security, cannot justify preventive detention: J&K and Ladakh HC

The live and proximate link between the past conduct of the detenue and the imperative need to detain, must be harmonised to rely upon the alleged illegal activities of the detenue.

Case Briefs High Courts

Can offering funeral prayers for a slain militant be termed as an anti-national activity so as to deprive an individual of their personal liberty? J&K and Ladakh HC deliberates

Jammu and Kashmir and Ladakh High Court: While deciding the instant applications seeking to set aside the orders passed by the Special

Case Briefs High Courts

Statement that Kashmir is under occupation of armed forces and people of Kashmir reduced to slaves, will be protected under Right to Freedom of Speech and Expression?J&K and Ladakh HC answers

Jammu and Kashmir and Ladakh High Court: Stating that, the intention of a person can be gathered from the words spoken or