detention
Delhi High Court directs Indian Embassy in Tashkent to ensure medical care and proper legal representation of the Indian national arrested in Uzbekistan
The petition was filed by the sister of Mr. Raghwendra Pratap Singh, an Indian national who has been arrested in Uzbekistan and is hereby seeking consular access and legal representation.
Maritime Anti-Piracy Act, 2022 receives President’s assent
On 31-01-2023, the President has given assent to Maritime Anti-Piracy Act, 2022. The Act has been enacted to give effect to the
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
Madras High Court directs State to pay compensation to the detenue who has been kept in illegal detention for 128 days
Madras High Court: In a petition filed under Article 226 of the Constitution of India praying to issue a writ
Journalist Siddique Kappan gets bail after 23 months in prison; cannot leave Delhi for 6 weeks: Supreme Court
The Kerala journalist was arrested under the Unlawful Activities (Prevention) Act on his way to Hathras, Uttar Pradesh to report on the alleged gang-rape of a Dalit woman, who later died in the Hospital.
Delhi High Court | Mere signing documents in English does not mean the detenue has a working knowledge of English; detention order set aside
Signing in English and understanding English are two different things and it cannot be said that if one signs in English, therefore he has full understanding of the language. In other order, the ability to write one’s signature in English does not translate to having a working understanding of the language.
Charge-sheet and documents adduced prima facie point towards guilt; Allahabad High Court denies bail to journalist Siddique Kappan [Hathras gang-rape row]
Allahabad High Court: Krishan Pahal, J. dismissed the bail application of Siddique Kappan, the journalist who was arrested along with three others
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
Law on Bail | Investigation complete, charge sheet filed, accused in jail since 6 months: Read whether Del HC grants bail
Delhi High Court: Chandra Dhari Singh, J., granted bail while referring to a catena of Supreme Court decisions with regard to the
Man in detention without trial for almost 41 years, compensation granted: Cal HC
Calcutta High Court: The Division Bench of Prakash Shrivastava, CJ and Rajarshi Bharadwaj, J., awarded compensation to a person who was remained
Guj HC | Detaining authority fell in error in interpreting “dangerous person”; Court allows petition against detention
Gujarat High Court: Paresh Upadhyay, J., allowed a petition which was filed against the order passed by the Commissioner of Police, Surat
Gau HC | “Both victim and accused are State’s future assets”; HC grants bail to IIT student accused of raping his junior
Gauhati High Court: Ajit Borthakur, J., granted bail to an IIT student accused of raping his junior. The Bench stated, “Both the
Guj HC | State Authorities cannot be permitted to resort to stringent provisions like detention under PASA; Court allows petition
Gujarat High Court: Paresh Upadhyay, J., allowed the petitions which were filed apprehending detention under PASA in connection with the Complaint filed
“Writ of habeas corpus is a festinum remedium”; All HC rejected issuance of writ at the behest of a husband to regain his wife as no prima facie case of unlawful detention is made out
Allahabad High Court: Yogendra Kumar Srivastava, J., dismissed the petition and rejected the issuance of writ of habeas corpus by a husband
No preventive detention on ground of a possible apprehension of breach of law and order; Supreme Court explains true import of ‘public order’
Supreme Court: In a case where the detenu was accused of committing a series of criminal offences from October, 2017 to December,
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
Written intimation of hearing just before commencement of video conference hearing by Advisory Board leads to SC quashing detention of man in a gold smuggling case
Supreme Court: In the case where the State Advisory Board had heard a detenu on video conference, without any sufficient prior intimation
J&K HC | Even in cases where a person has been prosecuted in a Court of law and has been discharged by the Magistrate, a valid order of detention can be passed against him in connection with that very incident; HC reiterates
Jammu and Kashmir High Court: Rajnesh Oswal, J., while rejecting the present petition on lack of merits, said, “…this Court is of
Supreme Court refuses to interfere with Allahabad High Court’s order quashing Dr. Kafeel Khan’s detention
Supreme Court: The 3-judge bench of SA Bobde, CJ and AS Bopanna and V. Ramasubramanian, JJ has refused to interfere with Allahabad