preventive detention order Archives

NSA preventive detention order right to representation

Right to Make Representation Must Be Communicated When Grounds of Detention Are Served, Not Weeks Later: Manipur HC Sets Aside NSA Preventive Detention Order

“The right to make a representation implies that the person detained must be informed of his right to make a representation to the authority that has made the order of detention at the time when he is served with the grounds of detention so as to enable him to make such a representation and the failure to do so results in denial of the right to make representation and renders the order invalid.”

Case Briefs Supreme Court

Supreme Court sets aside preventive detention order for ignoring bail conditions imposed by Magistrate for the same offence

Supreme Court noted that nothing is stated by the detaining authority as to why the conditions are not sufficient to prevent the detenu from engaging in further activities of smuggling; which was the specific ground on which the conditions were imposed while granting bail.

Case Briefs High Courts

‘A citizen’s liberty cannot be curtailed on whims and wishes of State officials’; Jharkhand HC sets aside preventive detention order under Jharkhand Control of Crimes Act, 2002

‘Liberty of a citizen of the country must be kept at the highest pedestal and there must be impeccable evidence to curtail the same.’

Case Briefs High Courts

[PASA, 1985] Mere registration of FIR cannot have nexus with breach of maintenance of public order; Gujarat HC quashes preventive detention order against step-father

A detention order was passed by the Police Commissioner, Surat, against the victim’s step-father and was detained under the Gujarat Prevention of Anti-social Activities Act, 1985 as a sexual offender for disturbing the ‘public order’.

Case Briefs High Courts

Decoding Madras High Court verdict on right of detenu to make effective representation against preventive detention order

“This right of a detenu to make an effective representation against a preventive detention order is a very sacrosanct and sanctus constitutional right and such constitutional safeguard is ingrained in Article 22(5) of the Constitution of India”