‘Endangers public health, strikes at root of societal imbalance’: Telangana HC on spread of Narcotic Substances
“Public health and safety form an essential part of the constitutional vision under Articles 21 and 47 of the Constitution of India.”
detention order
Bombay High Court quashes detention order served after unexplained delay of 11 months; Directs State to pay Rs 2 Lakhs as compensation
“The live and reasonable nexus between the alleged activities and purpose of detention was irretrievably lost by the unexplained delay of nearly over a year.”
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.”
‘Detenue conversant only with Urdu language, not served with Urdu translation of Marathi in-camera statements’; Bombay HC sets aside detention order
It is not every delay which by itself vitiates the detention order, but unexplained and unreasonable delay certainly can be looked into for considering the sustainability of the detention order.
J&K High Court cautions authorities against misusing Preventive Detention powers at cost of mocking the Constitution
“There is no iota of doubt that the preventive detention of the petitioner is a sheer abuse of jurisdiction of preventive detention under the Jammu & Kashmir Public Safety Act, 1978.”
Apprehensive detention as ‘sand smuggler’ based on past conduct of terrifying community & disturbing public order unsustainable: Bombay HC
The apprehension of the Detaining Authority was that since the alleged sand smuggler had been allegedly terrifying the community and creating obstacles in public order, he would engage in similar activities in future as well. However, the Court stated that such is not the criteria for a person to be detained as a ‘sand smuggler.’
Service of grounds of detention in language understood by detenu is a crucial Constitutional Right: J&K High Court
“Communication means imparting to the petitioner sufficient and effective knowledge of the facts and circumstances on which the order of detention is passed and such communication in such language which the petitioner understands.”
J&K and Ladakh HC quashes detention order over snapped live link to illicit activities and vague Daily Diary Reports
The High Court reiterated precedents highlighting that the detaining authority must not make undue and long delay between the prejudicial activities and the passing of detention order, and that Daily Diary Reports must not be vague and bereft of necessary details.
COFEPOSA Act | ‘Inordinate delay of 30 years’ compels Bombay High Court to quash 1993 detention order
“The satisfaction of the authorities based on conduct must precede action for prevention based on subjective satisfaction.”
A fundamentalist Muslim cannot be equated with an extremist; J&K and Ladakh HC observes
The Court also observed that fundamentalism pertaining to a Muslim is merely someone who believes in the fundamentals of Islam and the same cannot have a negative bearing.
[Sidhi Urination Incident] Madhya Pradesh High Court seeks reply from State in plea against the detention order against the accused
The District Collector passed a detention order under the National Security Act, 1980 against the accused, Pravesh Shukla accused of Sidhi Urination incident.
Providing illegible copies attacks detenu’s fundamental right to make representation; renders detention order illegal: Supreme Court
Supreme Court: In a case where a detenu was provided with the illegible copy of documents relating to his detention, the bench
Cal HC │ The interest of revenue has been safeguarded; Order of detention against the State upheld in matter of GST Act
Calcutta High Court: The Division Bench of T. S. Sivagnanam and Hiranmay Bhattacharyya, JJ., dismissed an appeal and connected application which was
Guj HC | Simplicitor registration of FIR/s by itself cannot have any nexus with the breach of maintenance of public order; Detention order quashed
Gujarat High Court: Rajendra M. Sareen, J. allowed a petition which was directed against the detention order passed by respondent–detaining authority in
J&K HC| “Non-application of mind by detaining authority is fatal” HC sets aside order of preventive detention for alleged involvement in militant activities
Jammu and Kashmir High Court: Sanjeev Kumar, J. heard the instant petition against the impugned order passed by District Magistrate (the detaining
J&K HC | [Jamat-i-Islami] HC quashes preventive detention order holding opportunity to effective representation an essential pre-requisite
Jammu and Kashmir High Court: Sanjeev Kumar, J., heard the instant petition presented by the wife of the Petitioner to assail his
All HC | Full Bench decides whether writ of Habeas Corpus will be maintainable against Judicial order or Child Welfare Committee’s order under J.J. Act? Decoded
Allahabad High Court: The Full Bench of Sanjay Yadav, Mahesh Chandra Tripathi and Siddhartha Varma, JJ., in a very significant ruling expressed
J&K HC | Court is not barred from scrutinizing the subjective satisfaction of the detaining authority in any given case; Order of detention set aside
Jammu and Kashmir High Court: Puneet Gupta, J., while setting aside the detention order, reiterated that subjective satisfaction of the detaining authority
Guj HC | Pre-detention matters are only maintainable in exceptional cases; Court dismisses petition
Gujarat High Court: A.C. Rao, J., dismissed a petition which was filed seeking to challenge the legality and validity of the threatening
J&K HC | Non-execution of detention order for more than two years with inordinate delay by govt. for approval affects efficacy of such detention order; Detention order set aside
Jammu and Kashmir High Court: Puneet Gupta, J. detention order quashed and non-application of mind by the detaining authority in the present