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The Court noted that “reasons to believe” are mandatory to be recorded; however, they need not be supplied along with the arrest memo to the accused, unlike the “grounds of arrest”, which must be supplied.
“Sometimes offences are grievous, and sometimes, the manner in which a person behaves (someone with criminal antecedents) also creates fear amongst people. Therefore, for maintaining public order, peace, and tranquility in the region, this is a restraining step required in the attending set of facts.”
The moment petitioner was intercepted by the Immigration officers around 10:00 pm, on 13-08-2024, allegedly based on a Look Out Circular, he was deprived of his liberty and he ceased to be free.
“In other words, a detenue may be able to make an effective representation if the details of the facts, on the basis of which conclusion is drawn by the detaining authority, are furnished to him”.
“Power of the Government of India to expel foreigners is absolute and unlimited and no provision of the Constitution can curtail the Government’s power to expel foreign nationals.”
The High Court observed that Rule 214 of Assam Police Manual has rendered itself archaic and needs to be amended in accordance with the laws laid down by the Supreme Court.
The High Court reiterated precedents highlighting that the detaining authority must not make undue and long delay between the prejudicial activities and the passing of detention order, and that Daily Diary Reports must not be vague and bereft of necessary details.
“Though the Constitutional Courts have the power to order fresh, de novo or reinvestigation but such directions have to be issued sparingly depending upon the facts of the case.”
Holding that Cherukuri Mani v. Chief Secretary, Government of Andhra Pradesh, (2015) 13 SCC 722 does not lay down the correct law, the Supreme Court observed that Section 3(2) has nothing to do with the period of detention.
Allahabad High Court said that the detenue is living with her parents, thus, it cannot be said that she is in illegal detention.
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.
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
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: In a petition filed under Article 226 of the Constitution of India praying to issue a writ
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.
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.
Allahabad High Court: Krishan Pahal, J. dismissed the bail application of Siddique Kappan, the journalist who was arrested along with three others
Gujarat High Court: Rajendra M. Sareen, J. allowed a petition which was directed against the detention order passed by respondent–detaining authority in
Delhi High Court: Chandra Dhari Singh, J., granted bail while referring to a catena of Supreme Court decisions with regard to the