detention order Archives

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

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs High Courts

Madras HC | Decriminalization of Politics: Why Centre has not enacted law as suggested by Supreme Court to prohibit persons facing criminal cases to enter into political stream?

Madras High Court: A Division Bench of N. Kirubakaran and V. Velumani, JJ., while addressing the present petition observed that, “Indian Democracy

Case Briefs High Courts

J&K HC | Preventive detention: An invasion to personal liberty guaranteed under Art. 21 – therefore order must be passed after following procedural safeguards

Jammu and Kashmir High Court: Rashid Ali Dar, J. set aside the detention order passed by respondent 2-District Magistrate, Baramulla and ordered

Case Briefs High Courts

Pat HC | Writ Petitions under Arts. 226 & 227 or Tax References filed in Hindi to be accompanied by an authentic English version of the same

“Viewing Hindi or English as the only language does not seem to be the Constitutional mandate and it is with this end

Case Briefs High Courts

Manipur HC | Manipur journalist detained under NSA set at liberty; detention order found vitiated for non-supplying of material

Manipur High Court: A Bench of Lanusungkum Jamir and Kh. Nobin Singh, JJ., released Kishorchandra Wangkhem, the 39-year old journalist who was detained

Case Briefs High Courts

Kar HC | Detention order challenged for supplying illegible documents – test is to determine whether detenue rendered incapable of making representation

Karnataka High Court: The Division Bench of K.N. Phaneendra and K. Somashekhar, JJ. hearing a petition in the nature of habeas corpus,

Case Briefs High Courts

Failure on part of detaining authority to supply material renders detention order illegal

Jammu and Kashmir High Court: A Single Judge Bench of Rashid Ali Dar, J., allowed the petition which challenged the order of

Case Briefs High Courts

Order of detention quashed on grounds of violation of Section 10 of National Security Act

Manipur High Court: A writ petition filed against the order of detention passed by the District Magistrate was allowed by the Division

Case Briefs High Courts

If source containing information on the basis of which Detention Officer took decision not legible, then it needs to quashed

Madras High Court: The High Court recently addressed a Habeas Corpus petition filed under Art. 226 of the Constitution of India which,

Case Briefs Supreme Court

Rejection of one ground will not affect the detention order passed on multiple grounds under COFEPOSA

Supreme Court: In the matter relating to supply of the ‘grounds’ of detention to the detenue when the Court has passed the