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Search Results for Tag : Preventive Detention

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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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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: 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



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.....

Tags : Bombay High Court, Preventive Detention



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



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



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



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



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



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



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



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.....

Tags : Jammu and Kashmir High Court, Preventive Detention



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



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



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



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



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



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



Karnataka HC: Aim of Preventive Detention is to Ensure Peace in Society(16.07.2024)

Kar. HC has observed that women, children & aged have become vulnerable sections at hands of hooligans. Sensible sections of society live in anxiety,.....

Tags : Karnataka High Court, Preventive Detention, Vulnerable Sections



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