24 June 2019


Search Results for Tag : Detention

Judgments

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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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News

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

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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

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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

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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

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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

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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

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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

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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

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International Cases

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

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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

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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

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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

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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

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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

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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

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