Kerala High Court: E-Toilets to be Build for Flood Affected Tribal Families  ||  Amalgamation of Air Asia With Air India Express Approved by NCLT  ||  SC: Accused Refusing to Undergo Medical Examination Amounts to Non-Cooperation With Investigation  ||  Ker. HC: Power Under Section 216 of CrPC Can be Exercised by the Court at Any Time Before Judgement  ||  IIAC (Conduct of Micro and Small Enterprises Arbitration) Regulations, 2024 Issued by IIAC  ||  Mad. HC: State Bound to Take Care of Adults With Mental Health Illness and No Family Support  ||  Mad. HC: State Bound to Take Care of Adults With Mental Health Illness and No Family Support  ||  Ker HC: Min. of Animal Husbandry to Consider Objections to Ban on ‘Dangerous & Ferocious’ Dog Breeds  ||  Madras High Court: Important to Send Out Message That Courts Shouldn’t be Taken for Granted  ||  Insolvency Proceedings Initiated Against Himalayan Mineral Water by NCLT    

Search Results for Tag : Detention

Judgments

Preventive detention cannot be used as an instrument to keep a person in perpetual custody without trial(30.11.2018)

Impugned in present petition is Order passed by District Magistrate, Respondent No. 2, whereby "detenu", has been placed under preventive detention. L.....

Tags : Personal liberty, Detention, Legality



Power to detain being statutory in nature, its exercise has to be within limitations of statute(24.05.2017)

Appellant assails order of preventive detention of her husband, passed by Respondent No. 2, under Telangana Prevention of Dangerous Activities of Boot.....

Tags : Detention, Validity, Release



Subjective satisfaction of Detaining Authority and consequent detention order vitiated as it was based on possibility of Petitioner's husband applying for bail again(31.05.2017)

In present writ petition, challenge is to order of detention passed by Joint Secretary to Government of India against husband of Petitioner directing .....

Tags : Detention, Subjective satisfaction, Validity



Detaining authority must furnish report of detention at the earliest possible and any delay in the same must be supported by unavoidable circumstances beyond the control of authority(20.07.2018)

Present proceedings have arisen from the judgment of a High Court. The Appellant's contention was that, the District Magistrate failed to report the d.....

Tags : Detention, Report, Submission



International Cases

If Police Cannot Lawfully Arrest and Detain a Person for a Relatively Short Time, Ability of Police to Perform their Duty Would be Severely Hampered(15.02.2017)

Four appellants were part of a larger group of claimants, but it was agreed before the Court of Appeal that their cases should be treated as test case.....

Tags : Detention, Validity, Police, Power



Failure on part of detaining authority to supply the material renders detention order illegal(26.12.2018)

Challenge in present petition is to the order passed by District Magistrate, Srinagar-Respondent No. 2 herein in exercise of vested in him under Secti.....

Tags : Detention, Quashment, Grant



Only exceptionally will law countenance a deprivation of liberty at direction of executive(27.07.2016)

Appellant suffered protracted mental disorder, namely a personality disorder and a chronic paranoid delusional disorder and has a long history of admi.....

Tags : Recall, Detention, Explanation



No one shall be subjected to torture or to inhuman or degrading treatment or punishment(08.11.2016)

Present case originated in twenty-eight applications against Russian Federation lodged with Court under Article 34 of Convention for Protection of Hum.....

Tags : Detention, Degrading treatment, Compensation



Detention without a court order or other clear legal ground is incompatible with standard of “lawfulness”(18.10.2016)

Instant case originated in an application against the Russian Federation lodged with Court under Article 34 of the Convention for Protection of Human .....

Tags : Detention, Unlawful, Liberty, Deprivation



An order of detention cannot be rendered illegal merely because it does not specify period of detention(10.04.2018)

In instant case, the High Court has set aside an order of detention issued under Section 3(1)(ii) of the Conservation of Foreign Exchange and Preventi.....

Tags : Detention, Period, Specification



Top Story

Pakistan Breached Vienna Convention on Consular Access Rules ICJ(17.07.2019)

The International Court of Justice (ICJ), the principal judicial organ of the United Nations, on 17th July, 2019, rendered its Judgment in the Jadhav .....

Tags : Detention, Indian National, Obligation, Breach



Arrest, without a warrant is permitted, where an arresting officer held a reasonable suspicion that, a dangerous wound had been inflicted(04.06.2021)

The appeal arose from the dismissal of the appellants’ claim for wrongful and unlawful arrest in the Eastern Cape Division of the High Court, Mthatha......

Tags : Arrest, Detention, Legality



State is liable to compensate for loss or injury suffered by a citizen due to arbitrary action of its employees(11.06.2021)

Present writ petition has been filed praying for the issuance of writ, order or direction in the nature of mandamus directing the Respondents to give .....

Tags : Detention, Compensation, Entitlement



Mere passing of the detention order is not sufficient as other statutory provisions are also required to be complied with in scrupulous manner(01.06.2021)

The Petitioner has challenged detention order passed by the Respondent No. 2 under provisions of J&K Public Safety Act on the ground that, the order w.....

Tags : Placement, Relevant documents, Detention



Any inordinate and unexplained delay on the part of the Government in considering the representation renders the very detention illegal(06.12.2021)

The Petitioner is the wife of the detenu. The detenu has been detained by the 2nd Respondent by his order, holding him to be a "BOOTLEGGER", as contem.....

Tags : Delay, Representation, Detention



If the Court hearing a restriction order application finds that the offender is a high risk serious offender, the Court must make a continuing detention order(26.11.2022)

In facts of present case, on 23 November 2021, the State of Western Australia applied for orders under the High Risk Serious Offenders Act, 2020 (HRSO.....

Tags : High risk, Custody, Detention



An arrest has to be effected on the authority of a warrant or without a warrant; onus rests on the arrestor to justify an arrest(03.05.2024)

The appeal emanated from the appeal court of the Gauteng Division of the High Court, Johannesburg (the appeal court) wherein the appellant, Mr Ntoni J.....

Tags : Arrest, Detention, Legality



Writ of habeas corpus can be issued only if detention is illegal(29.04.2024)

By present writ petition filed under Article 226 of the Constitution of India, 1950, the Petitioner seeks a declaration that his detention beyond twen.....

Tags : Arrest, Detention, Legality



News

Madras HC: Article 226 Empower High Court to Exercise Writ Jurisdiction at Pre-Detention Stage(08.02.2021)

Madras High Court has held that Article 226 of the Constitution of India, 1949 empowers the High Court to exercise its writ jurisdiction even at a pre.....

Tags : Madras High Court, Writ Jurisdiction at Pre-Detention Stage



Supreme Court Quashes Plea for Humane Facilities at 6 Assam Detention Camps(18.12.2019)

Supreme Court has refused to interfere in a petition seeking humane facilities at six detention centres in Assam for those who do not qualify as India.....

Tags : Supreme Court, Detention Camps



Kerala HC: Mere Suspicion of Mis-Classification of Goods Cannot be Basis for Detention of Goods(18.01.2021)

Kerala High Court has held that mere suspicion of mis-classification of goods cannot be the basis for a detention of goods under Section 129 of the Ce.....

Tags : Kerala High Court, Detention of Goods



Ker HC: Unreasonable Delay by Detaining Authority in Seeking Additional Particulars Infringes FR(06.07.2023)

Kerala High Court has held that unreasonable delay on the part of the detaining authority in seeking additional particulars from the sponsoring author.....

Tags : Kerala High Court, Unreasonable Delay, Preventive Detention



J&K&L HC: Failure to Supply Copy of Detention Order Doesn’t Vitiate Authority’s Decision(02.01.2023)

Jammu & Kashmir and Ladakh High Court while dismissing a habeas corpus petition, has held that failure on the part of detaining authority to supply a .....

Tags : Jammu & Kashmir and Ladakh High Court, Habeas Corpus, Detention Order



Delhi High Court Raps Police Over Prolonged Illegal Detention(12.08.2015)

Delhi High Court raps Police over prolonged illegal detention of former AAP member Yogendra Yadav and 85 others’ arrested during a farmers' protest .

Tags : Delhi High Court,illegal detention,Yogendra Yadav



AP HC: Satisfaction of Detaining Authority Necessary for Preventive Detention as Per Triple Test(21.03.2023)

Andhra Pradesh High Court although the person in question was accused of serious offenses, if the necessary satisfaction as per the triple test i.e. s.....

Tags : Andhra Pradesh High Court, Detaining Authority, Satisfaction, Preventive Detention, Triple Test



Preventive detention is an exception to the general rule and it has to be resorted to only in exceptional circumstances(31.12.2020)

Through the medium of instant petition, the Petitioner has challenged the order of detention passed by Respondent No.2 ('Detaining Authority'), whereb.....

Tags : Detention, Proceedings, Legality



Delhi HC Notices Home Ministry, ED over Alleged Detention of Moin Qureshi at Airport(20.12.2016)

Delhi High Court has issued notice to Home Ministry and Enforcement Directorate (ED) on a plea of controversial meat exporter Moin Qureshi alleging th.....

Tags : Delhi High Court, Moin Qureshi, Detention



Guj. HC: State Authorities Need to Introspect Their Casual Attitude in Passing Detention Order(08.05.2023)

Gujarat High Court while observing that State Authorities are passing orders in a casual manner, has stated that State Authorities should introspect a.....

Tags : Gujarat High Court, Detention Order, State Authorities



Calcutta HC: Preventive Detention Must Not be Used as Added Tool to Curtail Judicial Decisions(12.11.2021)

Calcutta High Court has set aside an order of preventive detention passed under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic S.....

Tags : Calcutta High Court, Preventive Detention



CIC: Provide Compensation in Cases of Excessive Detention(05.04.2016)

Central Information Commission (CIC) has held that prison authorities should not wait for detainees to approach courts seeking compensation for custod.....

Tags : CIC, Excessive Detention



Delhi HC Orders Immediate Release of Prisoner Detained Despite Bail(30.05.2022)

Delhi High Court reprimanded Delhi Police for delaying age verification of accused kept in custody despite having bail order in his favor. The Court d.....

Tags : Delhi High Court, Detention, Bail, Delhi Police



Ker. HC: Preventive Detention Orders Not to be Issued as Punishment(08.08.2023)

Kerala High Court has observed that preventive detention law cannot be used as a punitive measure or as a substitute of criminal trial, and can be inv.....

Tags : Kerala High Court, Preventive Detention, Punishment



MP HC Quashes Detention Order on Ground of Not Informing Detenu of Right of Representation(10.09.2021)

Madhya Pradesh High Court has quashed a detention order on the ground that it did not contain a stipulation informing the detenue about his right to p.....

Tags : Madhya Pradesh High Court, Quashing of Detention Order



Madras HC: NIA Suspects Can be Detained Beyond 90 days(05.12.2016)

Madras High Court, while ruling that there was nothing wrong in extension of remand of Riswan Sheriff, arrested along with five others, beyond usual p.....

Tags : Madras High Court, National Investigation Agency , detention



Madras HC Directs Release of Vehicle as Department Fails to Pass Detention Order(14.10.2022)

Madras High Court has ordered the release of the vehicle as the department has failed to pass the detention order within the period as provided under .....

Tags : Madras High Court, detention, Tamil Nadu Goods and Services Tax Act



Telangana HC: Preventive Detention Laws Cannot be Invoked by State as Easy Way Method(23.09.2020)

Telangana High Court has observed that preventive detention laws cannot be invoked as an easy way method bypassing the ordinary law and if the detenti.....

Tags : Telangana High Court, Preventive Detention Laws



Kar. HC: Serious Stigma May be Caused on Person’s Character by Pre-Trial Detention(24.04.2024)

Karnataka High Court while granting bail to a person charged with offences under the Protection of Children From Sexual Offences Act, 2012 has observe.....

Tags : Karnataka High Court, Pre-Trial Detention, POCSO



SC: Preventive Detention Can't be Invoked for Ordinary Law And Order Situation(27.06.2022)

Supreme Court has held that the powers to be exercised under preventive detention law are exceptional powers which have been given to the government f.....

Tags : Supreme Court, Preventive Detention, Exceptional Situation



Allahabad HC Quashes Detention of Person Booked for Rioting under NSA(10.12.2020)

Allahabad High Court has quashed the detention of a person booked for rioting and arson under the National Security Act, 1980, saying the state showed.....

Tags : Allahabad High Court, Detention of Person Booked for Rioting under NSA



Special Reasons Needed to Pass Preventive Detention Order Against Persons Under Custody: MP HC(06.02.2019)

Madhya Pradesh High Court has quashed a detention order passed under the National Security Act (NSA) and held that special reasons are to be given for.....

Tags : Madhya Pradesh High Court, Preventive Detention



Ker. HC Grants Bail to Psychiatric Patient Citing Further Detention Would Adversely Affect His Illnes(15.09.2022)

Kerala High Court while granting bail to accused suffering from psychotic illness, stated that since major part of the investigation is over and the p.....

Tags : Kerala High Court, Psychotic Illness, Detention



JKL HC: Ex-Facie Illegality Required to Challenge Preventive Detention Order at Pre-Execution Stage(16.12.2022)

Jammu and Kashmir and Ladakh High Court has held that a preventive detention order can be challenged at the pre-execution stage, provided the petition.....

Tags : Jammu and Kashmir and Ladakh High Court, Preventive Detention, Pre-Execution Stage



SC Explains Factors to be Considered While Deciding Legality of Preventive Detention(06.09.2023)

Supreme Court while observing that there has been growing trend of passing orders of preventive detention at the ‘drop of a hat’ without considering l.....

Tags : Supreme Court, Preventive Detention, Factors



J&K&L HC: State's Apprehension of Accused Getting Bail Can’t Lead to Preventive Detention(22.09.2022)

Jammu and Kashmir and Ladakh High Court while quashing a preventive detention order, has observed that offence of cheating and fraud, without having w.....

Tags : Jammu and Kashmir and Ladakh High Court, Preventive Detention, Public Order



Allahabad HC: Detention of Person Despite Furnishing of Personal Bond Violative Of Article 21(22.02.2021)

Allahabad High Court has held that keeping a person in custody, despite his furnishing personal bonds as required by the magistrate, is violative of h.....

Tags : Allahabad High Court, Detention of Person



Every act of assault or injury to specific persons does not lead to public disorder(28.11.2016)

By way of present petition under Article 226 of the Constitution of India, Petitioner prays to issue a writ of mandamus or any other appropriate writ,.....

Tags : Detention, Subjective satisfaction, Validity



SC: Court is Expected to Timely Conclude Trail When Detention of Accused is Continued by Court(21.11.2023)

Supreme Court has held that when the detention of the accused is continued by the Court, the courts are also expected to conclude the trials within a .....

Tags : Supreme Court, Detention, Article 21, Speedy Trial



Delhi HC Orders Inspection of Detention Centre's Living Conditions by Judicial Officer(17.11.2020)

Delhi High Court has directed the Principal District & Sessions Judge (HQs.) to depute a Judicial Officer to visit a detention centre located in Delhi.....

Tags : Delhi High Court, Inspection of Detention Centre



Allahabad HC: Crime Against Minor Girl Can Disturb Public Order Even if Committed in Secluded Place(15.09.2022)

Allahabad High Court while upholding a detention order of the District Magistrate passed against a rape-murder accused under Section 3 (2) of the Nati.....

Tags : Allahabad High Court, Detention, Minor Girl



Kerala HC to State: Set Up Temporary Detention Centres for Foreign Citizens Without Travel Documents(01.08.2022)

Kerala High Court has directed the State Authorities and Secretary, Social Justice Department, to set up temporary detention centers for foreign citiz.....

Tags : Kerala High Court, Detention Centers, Foreign Citizens



Bombay HC Directs State to Pay Compensation to Men Detained Illegaly(28.12.2020)

Bombay High Court has directed the State government to pay Rs.50,000 each towards compensation to two men who were illegally detained in Beed District.....

Tags : Bombay High Court, Illegal Detention, Compensation



Bombay HC Rules ‘Court Cannot Ignore Illegal Detention’(04.11.2016)

Bombay High Court, while granting bail to a Gondia man arrested for murder and cases under Arms Act and SC/ST Act, has said that court can’t turn Nels.....

Tags : Bombay High Court, Arms Act, SC/ST Act, illegal detention



J&K&L HC: Detaining Authority Must Show Compelling Reasons for Preventive Detention(23.08.2022)

Jammu and Kashmir and Ladakh High Court has held that preventive detention orders can be passed even when a person is in police custody. However the c.....

Tags : Jammu and Kashmir and Ladakh High Court, Preventive Detention, Police Custody



Mad. HC: Notice Needn’t be Served to Victim in HCP by Accused Following Preventive Detention(28.09.2023)

Madras High Court while observing that Habeas Corpus petitions (HCPs) will not come within the sweep of 'connected proceedings' under Section 15-A(5) .....

Tags : Madras High Court, Preventive Detention, Habeas Corpus



SC: Getting Bail Would be Impossible if Courts Does Plain & Literal Interpretation of S. 37 NDPS Act(31.03.2023)

Supreme Court while granting bail to undertrial prisoner arrested 7 years ago under NDPS Act, has observed that plain & literal interpretation of cond.....

Tags : Supreme Court, NDPS, Undertrial, Punitive Detention, Bail



Supreme Court Directs Centre to State Reasons for Imposing Restrictions, Detentions in J&K(17.10.2019)

Supreme Court has directed the Centre to place on the record before it all its orders relating to restriction, shutdown and detention in Jammu and Kas.....

Tags : Supreme Court, Detention



P&H HC Directs Payment of Compensation in Matter of Illegal Detention(08.10.2020)

Punjab and Haryana High Court has directed the State Government to pay a compensation of Rs 1 lakh each to the mother-daughter duo in the matter of il.....

Tags : Punjab and Haryana High Court, Compensation for Illegal Detention



Supreme Court Issues Notice to Centre and Assam Government Over Detention of Children(07.01.2020)

Supreme Court has issued notice to the Centre and the Assam Government seeking a reply within four weeks on a petition alleging that 60 children were .....

Tags : Supreme Court, Detention



Allahabad High Court Quashes Detention Order Against Murder Accused(24.12.2021)

Allahabad High Court has quashed a detention order passed against a murder accused by exercising powers under the National Security Act, 1980 as it ob.....

Tags : Allahabad High Court, Detention Order Against Murder Accused



Allahabad HC Dismisses Habeas Corpus Plea Against Alleged Detention of Hathras Victim's Family(09.10.2020)

Allahabad High Court has dismissed the habeas corpus writ petition filed on behalf of the Hathras victim's family against alleged illegal detention by.....

Tags : Allahabad High Court, Detention of Hathras Victim's Family



J&K HC: Mere Reproduction of Police Dossier in Detention Order Can't Justify Detention(17.09.2020)

Jammu & Kashmir High Court has quashed a detention order detaining one Surinder Singh under Section 8 of the Jammu & Kashmir Public Safety Act, 1978 s.....

Tags : Jammu and Kashmir High Court, Reproduction of Police Dossier in Detention Order



Kerala HC: Can’t File HC Petition For Same Detention Order Even on Raising New Grounds(29.02.2024)

Kerala High Court has held that if the substantial challenge in a Habeas Corpus (HC) petition is against the same detention order, the very same court.....

Tags : Kerala High Court, Habeas Corpus, Detention Order



Kar. HC: Failure to Inform the Grounds of Detention to Detenue Can Lead to Quashing of Detention(04.09.2023)

Karnataka High Court has held that detention order can be quashed if authorities fail to provide detenue, the documents relied on by them, in a langua.....

Tags : Karnataka High Court, Detention, Quashing



Jammu And Kashmir High Court: Preventive Detention Cannot Be Made By Stating Vague Grounds(20.05.2022)

Jammu and Kashmir High Court quashed an order for detention while examining that detention in preventive custody on the basis of such vague and ambigu.....

Tags : Jammu and Kashmir High Court, Detention Order, Grounds of Detention



Guj HC: Don’t Casually Authorize Detention in Offences With Imprisonment Less Than 7 Years(20.09.2022)

Gujarat High Court has held that where offence is punishable with imprisonment for a term which may be less than seven years or which may extend to se.....

Tags : Gujarat High Court, Detention, Imprisonment



CESTAT Waives Detention and Demurrage Charges for Goods Confiscated by Customs(12.05.2022)

Customs, Excise and Service Tax Appellate Tribunal, Mumbai has ruled that a remission of detention and demurrage costs was appropriate because the goo.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, detention, Customs Department, seizure



Mad. HC: Even a day’s Delay in Providing Detenu, Grounds for Detention Violates Article 22(5)(14.09.2023)

Madras High Court has held that any delay in communicating the grounds of arrest to a detenu under Section 8 of Tamil Nadu Prevention of Dangerous Act.....

Tags : Madras High Court, Detention, Grounds



SC: Preventive Detention Law is a Colonial Legacy(12.04.2023)

Supreme Court while observing that preventive detention law is a colonial legacy, has held that every procedural rigidity must be followed in entirety.....

Tags : Supreme Court, Preventive Detention, Colonial Legacy



Detaining suspect illegally outside ‘official duties’ of police(05.07.2016)

Police officials cannot be said to be acting “in the discharge of official duties” when they illegally detain a suspect longer than is claimed by them.....

Tags : criminal, police, sanction, illegal detention



Jammu and Kashmir High Court Sets Aside PSA Detention of NC Youth President(02.01.2020)

Jammu and Kashmir High Court has quashed the detention under Public Safety Act, 1978 of the National Conference youth president from South Kashmir, an.....

Tags : Jammu and Kashmir High Court, Detention



Supreme Court Dismisses Jharkhand Govt's Plea Assailing HC Order Quashing Detention Orders(22.12.2021)

Supreme Court has dismissed a special leave petition assailing Jharkhand High Court's order of declaring continuous detention after expiry of first th.....

Tags : Supreme Court, HC Order Quashing Detention Orders



JKL HC: Threat to Public Health is Ground for Detention(13.02.2023)

Jammu and Kashmir and Ladakh High Court has held that merely because detaining Authority among other grounds has also observed that activities of dete.....

Tags : Jammu and Kashmir and Ladakh High Court, Detention, PIT-NDPS Act



Kerala High Court Directs Expeditious Setting Up of Detention Centre for Foreign National(25.10.2021)

Kerala High Court has ordered a detention centre to be immediately set up for Johny Alexander Duran Sola, an El Salvador citizen who was accused of sm.....

Tags : Kerala High Court, Setting Up of Detention Centre for Foreign National



Unexplained delay in disposal of the representation made on behalf of the detenu is sufficient to set aside detention order(02.08.2021)

The Petitioner is the mother of the detenu. The detenu has been detained by the second Respondent holding him to be a "Goonda", as contemplated under .....

Tags : Procedural safeguards, Detention, Legality



Supreme Court: Detention Order can be Passed even if Person is in Judicial Custody(25.11.2019)

Supreme Court has noted that even if a person is in judicial custody he can be detained under detention laws like Conservation of Foreign Exchange and.....

Tags : Supreme Court, Detention



Bombay HC to State Govt: Pay Rs. 2 lakh Compensation for Illegal Detention(17.07.2017)

Bombay High Court has directed State of Maharashtra to pay at least Rs. 2 lakh as compensation to one Ranjit Singh Gill for keeping him in jail, three.....

Tags : Bombay High Court, Illegal Detention



Madras HC: Set Off of Pre-Conviction Detention Permissible to Life Convict(08.07.2021)

Madras High Court has ruled that 'set off’ of pre-conviction detention under Section 428 of Code of Criminal Procedure, 1973 is permissible even for a.....

Tags : Madras High Court, Set Off of Pre-Conviction Detention



Cal HC: Order Extending Detention U/S 36A NDPS Act Can’t be Challenged Once Chargesheet is Filed(27.04.2023)

Calcutta High Court while observing that upon conclusion of investigation and submission of chargesheet, order extending detention under Section 36A o.....

Tags : Calcutta High Court, NDPS, Detention, Chargesheet



Telangana HC Upholds Preventive Detention of Man Accused of Duping Poor Farmers(06.07.2021)

Telangana High Court has upheld preventive detention of a man accused of duping farmers of their hard-earned agricultural produce, observing that whit.....

Tags : Telangana High Court, Preventive Detention of Man Accused of Duping Poor Farmers



Allahabad HC: Can't Detain Minor in Protection Homes Against Her Wishes(28.07.2022)

Allahabad High Court has held that even a minor has a right to keep her person and even the parents cannot compel the detention of a minor against her.....

Tags : Allahabad High Court, Detention, Protection Homes



Bombay HC Allows Agisilaos Demetriades' Plea to Quash Preventive Detention Under PIT-NDPS Act(19.09.2022)

Bombay High Court has quashed detention order under Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, issued against Ag.....

Tags : Bombay High Court, Preventive Detention, Narcotics



Bom HC: Detention Under MCOCA Must be Terminated if Competent Authority Denies Sanction to Prosecute(01.04.2024)

Bombay High Court has held that once the competent authority declines to grant sanction under Sec. 23(2) of the Maharashtra Control of Organised Crime.....

Tags : Bombay High Court, Section 23(2) MCOCA, Competent Authority, Detention



P&H HC Marks Inquiry Into Allegations of Illegal Detention and Custodial Torture of Shiv Kumar(17.03.2021)

Punjab and Haryana High Court has marked an inquiry into allegations of illegal detention and custodial torture of labour rights activist Shiv Kumar, .....

Tags : Punjab and Haryana High Court, Illegal Detention and Custodial Torture of Shiv Kumar



JKL HC: Detention Orders on Irrelevant Grounds are Violative of Constitutional Rights(27.10.2023)

Jammu and Kashmir and Ladakh High Court has held that inclusion of an irrelevant, non-existent, obscure, or vague ground is an invasion of the constit.....

Tags : Jammu and Kashmir and Ladakh High Court, Detention Orders, Constitutional Rights



Madhya Pradesh HC Orders Compensation for Wrongful Detention(14.02.2020)

Madhya Pradesh High Court has ordered the State Government to pay a compensation of Rs 5 Lakhs to a 68-year old man for keeping him in jail to serve a.....

Tags : Madhya Pradesh High Court, Illegal Detention of Man



Preventive detention order can be passed if activities of the detenue are dangerous to the maintenance of public order(21.08.2017)

By way of present writ petition under Article 226 of the Constitution of India, the Petitioner prays to issue a writ of mandamus or any other appropri.....

Tags : Detention, Subjective satisfaction, Legality



SC: Article 22(4)(a) Applies Only at Initial Stage of Passing of Preventive Detention Order(21.08.2023)

Supreme Court has held that 3 months period stipulated in Article 22(4)(a) of Constitution is only related to initial period of detention up to the st.....

Tags : Supreme Court, Preventive Detention, Advisory Board



JKL HC: Those Responsible for National Security Must be Sole Judges of What National Security Require(01.08.2023)

JKL HC has observed that Courts have limited scope to review the subjective satisfaction required by detaining authority to order preventive detention.....

Tags : Jammu and Kashmir and Ladakh High Court, National Security, Preventive Detention



Ker. HC: IOs/PPs Can’t Casually Seek Extension of Time for Completing Probe in NDPS Cases(17.03.2023)

Kerala High Court while observing that investigating officers (IO) and public prosecutors (PP) can’t casually seek extension of time for completing pr.....

Tags : Kerala High Court, NDPS, Detention, Extension of Time



Ker HC: Detention Order Must Reflect How Public Order Would be Vitiated if the Person isn’t Detained(20.11.2023)

Kerala High Court has held that detention order must reflect how public order would be vitiated if the person concerned is not detained invoking the p.....

Tags : Kerala High Court, Detention Order, Anti-Social Activities



SC: Oral Information not Required When Grounds of Detention Received in Known Language of Detenue(08.01.2024)

Supreme Court held that if a detenue has received the grounds of his detention in a language that is known to him and a clear statement over his right.....

Tags : Supreme Court, Detention, Language



SC Issues Notice on Iltija's Habeas Plea Against Detention of Mehbooba Mufti(26.02.2020)

Supreme Court has issued notice on the habeas plea moved against the Detention Order passed by the District Magistrate of Srinagar under the Public Sa.....

Tags : Supreme Court, Detention of Mehbooba Mufti



Bombay HC Orders Inquiry into Alleged Illegal Detention of 37-Year Old Lawyer(01.06.2021)

Bombay High Court has ordered an inquiry into the alleged illegal detention of a 37-year-old lawyer from Mumbai. The Court has also transferred the ki.....

Tags : Bombay High Court, Illegal Detention of Lawyer



Ker HC: Authority Can’t Issue Detention Order Without Determining Nature of Bail Conditions(12.07.2023)

Kerala High Court has observed that detaining authority must consider if bail conditions are sufficient to prevent detenu from continuing to indulge i.....

Tags : Kerala High Court, Detention Order, Bail Conditions



SC: Preventive Detention Will Be Vitiated by Unexplained Delay in Passing Order(03.10.2022)

Supreme Court has held that unreasonable and unexplained delay in passing the order of detention from the date of the proposal can vitiate the detenti.....

Tags : Supreme Court, Preventive Detention, Delay



Patna HC: Minor Girl's Stay at Remand Home Not Unlawful Confinement/Detention(21.10.2020)

Patna High Court has observed that if by judicial order, a girl has been sent to Remand Home treating her to be minor, then her stay in the Remand Hom.....

Tags : Patna High Court, Stay at Remand Home, Unlawful Confinement/Detention



Supreme Court: Rhetorical Incantation of Word “Goonda” Not Sufficient to Invoke Preventive Detention(25.05.2017)

Supreme Court has held that rhetorical incantation of word “goonda” or “prejudicial to maintenance of public order” cannot be sufficient justification.....

Tags : Supreme Court, Preventive Detention



JKL HC: Detaining Govt. Critics Amounts to Abuse of Preventive Detention Law(20.11.2023)

Jammu and Kashmir and Ladakh High Court has held that tendency on the part of the detaining authority to detain the critics of the policies or commiss.....

Tags : Jammu and Kashmir and Ladakh High Court, Preventive Detention, Abuse



Ker HC: If 1st Detention Order Passed Before 31.12.2014, it Won’t be Considered for Subsequent Order(05.01.2024)

Kerala High Court while observing that S.12 of Kerala Anti-Social Activities (Prevention) Act, 2007 and 2014 amendment would operate only prospectivel.....

Tags : Kerala High Court, Anti-Social Activities, Detention



Delhi HC Denies Plea Seeking Waiver of Detention Charges Imposed By ICDs and CFSs(16.08.2021)

Delhi High Court has disposed off a plea filed by traders seeking waiver of penal detention charges and ground rent levied by the Inland Container Dep.....

Tags : Delhi High Court, Waiver of Detention Charges



Supreme Court: Uncle-Nephew Gold Smugglers to Remain under Detention(27.11.2019)

Supreme Court has restored detention orders issued under the stringent Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 19.....

Tags : Supreme Court, Detention



ECHR derides pre-trial detention in Russia(24.03.2016)

The European Court of Human Rights rejected the Russian Government’s application to strike part of the case against alleged unjust pre-trial detention.....

Tags : echr, russia, pre-trial detention



J&k&L HC: Situation in Kashmir Doesn’t Permit Disclosure of Confidential Info. in Detention Order(10.10.2022)

Jammu and Kashmir and Ladakh High Court has held that the disclosure of confidential and sensitive information in the grounds of detention of a person.....

Tags : Jammu and Kashmir and Ladakh High Court, Detention Order, Confidential Information



Guj. HC: Infraction of Law Not Done in Systematic Manner, Not Sufficient for Preventive Detention(29.08.2022)

Gujarat High Court has held that commission of infraction of law, not done in an organized or systematic manner, may not be sufficient for the detaini.....

Tags : Gujarat High Court, Preventive Detention, Infraction of Law



Ker. HC: Detention Order Under KAPPA 2007 must be Confirmed Within 3 Months from Date of Execution(29.09.2023)

Kerala High Court while observing that Article 22(4) of Constitution doesn’t create an embargo for detention beyond 3 months, has held that State must.....

Tags : Kerala High Court, KAPPA, Detention



Kerala High Court Lays Down Guidelines for Detention Under Preventive Detention Laws(27.04.2021)

Kerala High Court has prescribed safeguards against arbitrary and unjustified invasion of personal liberty in cases of preventive detention, stating t.....

Tags : Kerala High Court, Detention Under Preventive Detention Laws



Telangana HC Upholds Preventive Detention of Man Accused of Stalking, Voyeurism(19.07.2021)

Telangana High Court has upheld the detention order passed against a 22 year old accused of stalking women, voyeurism and allegedly inducing them to d.....

Tags : Telangana High Court, Preventive Detention of Man Accused of Stalking, Voyeurism



Supreme Court Seeks Reply from J&K on Plea Challenging Detention of Five Persons(20.09.2019)

Supreme Court has sought response from the Jammu and Kashmir administration on a plea challenging detention of five persons in Kashmir following the a.....

Tags : Supreme Court, Detention



SC: Inability of State Police to Tackle Law & Order is no Excuse to Invoke Preventive Detention(26.03.2024)

Supreme Court has while setting aside the preventive detention of an alleged chain snatcher has stated that the inability on the part of the state's p.....

Tags : Supreme Court, preventive detention



SC Issues Notice on Plea Seeking Release of Detainees in Assam Foreigners' Detention Centres(08.04.2020)

Supreme Court has issued notice to Centre and Assam Government on a plea seeking the release of persons who have spent more than two years in the fore.....

Tags : Supreme Court, Release of Detainees in Assam Foreigners' Detention Centres



Delhi HC Issues Notice in Plea of Continued Detention of Person Accused Under UAPA(25.05.2020)

Delhi High Court has issued notice in a plea seeking release of an accused who, despite being granted bail for other charges, continues to be in custo.....

Tags : Delhi High Court, Continued Detention of Person



Bombay HC: Preventive Detention Only if Acts Causing Disturbance to Public Order(28.06.2021)

Bombay High Court has held that a person cannot be placed under preventive detention as an 'easy substitute' to deal with ordinary law and order issue.....

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Kerala HC Upholds Continued Preventive Detention of Accused Rabins Hameed Under COFEPOSA(09.11.2021)

Kerala High Court has upheld the continued preventive detention of prime accused in the gold smuggling case, Rabins K Hameed under the Conservation of.....

Tags : Kerala High Court, Preventive Detention of Accused Rabins Hameed



ECHR derides pre-trial detention in Russia(24.03.2016)

The European Court of Human Rights rejected the Russian Government’s application to strike part of the case against alleged unjust pre-trial detention.....

Tags : echr, russia, pre-trial detention



Delhi HC: Failure to Supply of Legible Copies of Documents Renders Detention Order Illegal(03.05.2022)

Delhi High Court has observed that an order of detention passed by the Detaining Authority based on illegible copies of documents suffers from non-app.....

Tags : Delhi High Court, detention, Detaining Authority, illegible copies, non-application of mind



SC Issues Notice on Challenge to Judgement Quashing Preventive Detention Under COFEPOSA Act(20.11.2020)

Supreme Court has issued notice in a special leave petition filed by the Union of India challenging a Kerala High Court judgment which quashed the pre.....

Tags : Supreme Court, Preventive Detention Under COFEPOSA Act



Telangana HC: Not for Individual to Decide How Law Enforcement Agency Should Act(07.01.2021)

Telangana High Court has held that it is not for the individual citizen to assess how the law enforcing agency should act but it is for that agency to.....

Tags : Telangana High Court, Preventive Detention



Registration of FIRs by itself cannot have any nexus with breach of maintenance of public order and the authority can take recourse under IPC(10.01.2018)

Instant petition is against the order of detention passed by the Respondent No. 1 in exercise of powers conferred under Section 3[2] of the Gujarat Pr.....

Tags : FIR, Detention, Validity



Madhya Pradesh High Court Directs State to Pay Rs. 5 Lakhs to Man Detained Illegally(12.02.2020)

Madhya Pradesh High Court has directed the State Government to pay a compensation of Rs. 5 Lakhs for detaining an innocent man, in the pretext of deta.....

Tags : Madhya Pradesh High Court, Illegal Detention of Man



Kar. HC: Delay in Considering Representation Against Detention Order a Ground to Nullify it(22.09.2022)

Karnataka High Court has held that delayed consideration by authorities of the representation made by a detenu amounts to violation of Article 22(5) o.....

Tags : Karnataka High Court, Detention, Delay



JKL HC: Fundamentalist Muslim Can’t be Equated With an Extremist or a Separatist(01.08.2023)

Jammu & Kashmir and Ladakh High Court while observing that the phrase “fundamentalist ideology” doesn’t necessarily mean that detenue possesses an ext.....

Tags : Jammu & Kashmir and Ladakh High Court, Fundamentalist Muslim, Preventive Detention



Jammu and Kashmir High Court Quashes Preventive Detention(27.09.2019)

Jammu and Kashmir High Court has quashed the preventive detention of Masood Ahmad Bhat dated January 22. The court said the detenu, a resident of Chid.....

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SC: Detention Beyond Release Date Violates Article 21(13.07.2022)

Supreme Court while directing State of Chhattisgarh to pay Rs 7.5 Lakhs as compensation to a rape convict who was kept in prison beyond the period of .....

Tags : Supreme Court, Detention. Compensation



Supreme Court Directs J&K High Court to File New Report on Detention of Children(06.11.2019)

Supreme Court has directed the Juvenile Justice Committee of the Jammu and Kashmir High Court to file a fresh report on the alleged detention of minor.....

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Madras HC: Tamil Nadu Government Misusing Preventive Detention Laws(16.11.2022)

Madras High Court while observing that Tamil Nadu government is abusing preventive detention laws has stated that it will impose costs on the State wh.....

Tags : Madras High Court, Preventive Detention, Misuse



Apex Court Pulls Up J&K Govt, Asks Why No Reply on NRI Businessman Wife's Plea Against His Detention(16.10.2019)

Apex Court has asked the Jammu and Kashmir administration as to why it has not filed a reply on a plea by the wife of a Malaysia-based NRI businessman.....

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Bombay HC Directs to Pay Compensation to Man for Wrongful Detention(22.11.2021)

Bombay High Court has directed the Maharashtra Government to pay compensation to a man and urged an inquiry against errant police officers regarding t.....

Tags : Bombay High Court, Compensation to Man for Wrongful Detention



Guj. HC: Court Can Interfere With Preventive Detention Order at Pre-Execution Stage(29.07.2022)

Gujarat High Court has held that preventive detention orders can be interfered with at pre-execution stage, i.e., before the person accused is detaine.....

Tags : Gujarat High Court, Preventive Detention, Vague Grounds



A person subject to a supervision order who, without reasonable excuse, contravenes a requirement of the order commits an offence(09.03.2018)

The Respondent has a history of violent sexual offending. He was last convicted of a serious sexual offence on 1st September, 2017. The offence was co.....

Tags : Sexual offence, Detention order, Continuation



J&K&L High Court Upholds Detention Order of Habitual Offender(13.12.2021)

Jammu & Kashmir & Ladakh High Court has upheld the detention order of a habitual offender on the grounds that he has been creating a sense of alarm an.....

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If a person tried for criminal offence but ordinary criminal law will not be able to deal with situation, only then, preventive detention can be taken recourse to(02.11.2017)

Present petition was against the order of detention passed by Respondent in exercise of powers conferred under Section 3[2] of the Gujarat Prevention .....

Tags : Illegal Activity, Detention, Validity



SC Issues Notice on Habeas Plea Challenging Detention of Ex-J&K CM Omar Abdullah(14.02.2020)

Supreme Court has issued notice to the Central Government and Jammu and Kashmir (J&K) Administration on the Habeas Corpus Petition filed by Sarah Abdu.....

Tags : Supreme Court, Detention of Omar Abdullah



JKL HC: Can’t Argue for Quashing of Detention Order When it is Challenged Before its Execution(10.10.2023)

Jammu and Kashmir and Ladakh High Court has held that if petitioner challenges detention order even before it was executed, it is not open for them to.....

Tags : Jammu and Kashmir and Ladakh High Court, Detention Order, Execution



Every act of assault or injury to specific persons does not lead to public disorder(07.12.2017)

By filing instant petition under Article 226 of the Constitution of India, the Petitioner prays to issue a writ of mandamus or any other appropriate w.....

Tags : Detention, Validity, Subjective satisfaction



MP HC: Municipal Commissioner Competent to Issue Detention Order for Black-marketing(04.02.2022)

Madhya Pradesh High Court has held that a Municipal Commissioner was competent to issue the order of detention U/S 3(2) of Prevention of Black Marketi.....

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Power under Article 4(1) of the 1972 Order should be exercised by the Secretary of State personally(13.05.2020)

In present case, an interim custody order (ICO) was made in respect of the Appellant on 21 July 1973. The order was signed by a Minister of State in t.....

Tags : Detention, Lawful custody, Legality



Guj. HC: Numerous Preventive Detention Orders Passed Day In & Day Out Relying On Stale Material(03.08.2022)

Gujarat High Court has expressed strong displeasure at the detaining authority under the Gujarat Prevention of Anti Social Activities Act, 1985 for pa.....

Tags : Gujarat High Court, Preventive Detention, Stale Material



Non-explanation for delay in intimating the fact of disposal to detenu renders further detention invalid(21.12.2020)

The Petitioner - detenu takes an exception to the order of detention passed by the Respondent No. 1 - the Commissioner of Police, detaining him for th.....

Tags : Detention, Release, Entitlement



Ker. HC: High Degree of Diligence Required from Authorities in Matters of Preventive Detention(04.06.2024)

Ker. HC has held that diligence of a high degree is expected from authorities in cases of preventive detention as it involves curtailment of some of t.....

Tags : Kerala High Court, Preventive Detention, Constitutional Right



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