Calcutta High Court relaxes restrictions during ‘Rash Utsab’; Balances religious practices and public order
Calcutta High Court acknowledged the need for certain restrictions to maintain law and order during an international event.
public order
Being brother of a militant, and lacking any ostensible activities disrupting public peace or security, cannot justify preventive detention: J&K and Ladakh HC
The live and proximate link between the past conduct of the detenue and the imperative need to detain, must be harmonised to rely upon the alleged illegal activities of the detenue.
Supreme Court lays down tests for deciding legality of preventive detention orders
The Court also revisited the difference between disturbances relatable to ‘law and order’ and disturbances caused to ‘public order’ and said that it is trite that breach of law in all cases does not lead to public disorder.
Central Government notifies NCT of Delhi (Amendment) Ordinance, 2023; Lieutenant Governor to get control of ‘Services'
On 19-5-2023, the Ministry of Law and Justice notified the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 giving back
Explained| Supreme Court judgment settling tussle between Delhi Govt and Centre
In the spirit of cooperative federalism, the Union must exercise its powers within the boundaries created by the Constitution. NCTD, having a sui generis federal model, must be allowed to function in the domain charted for it by the Constitution. The Union and NCTD share a unique federal relationship. It does not mean that NCTD is subsumed in the unit of the Union merely because it is not a “State”.
[Delhi Govt. vs LG] Delhi Government has administrative control over transfers and postings of civil servants in NCTD: Supreme Court
Supreme Court said that NCTD like other states also represents the representative form of government, the involvement of Union of India in the administration of NCTD is limited by Constitution provisions and any further expansion will be contrary to the constitutional scheme of governance.
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
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,
Telangana HC | Can a sexual offender be taken into preventive detention? Read the case of ‘detenu’ who committed intercourse with minor in secluded place and let her off next day
Telangana High Court: The Division Bench of A. Rajasheker Reddy and Dr Shameem Akhter, JJ., while addressing the matter has shed some
FIR is not a detailed chronicle of all intricate and minute details of an offence: Supreme Court [Read what a valid FIR is]
Supreme Court: The bench of AM Khanwilkar and Sanjiv Khanna, JJ has held that the true test of a valid FIR is only whether
Farmers’ protest can continue peacefully without impediment. Supreme Court calls for constitution of a committee to resolve the issue
“Indeed the right to protest is part of a fundamental right and can as a matter of fact, be exercised subject to public order.”
Freedom & rights cannot armour those who promote & incite violence| 15 notable excerpts on ‘hate speech’ from Supreme Court’s verdict in Amish Devgan case
“In a polity committed to pluralism, hate speech cannot conceivably contribute in any legitimate way to democracy and, in fact, repudiates the right to equality.”
J&K HC | Mere reproduction of police dossier in detention order cannot justify judicial application of mind and is reflective of callous attitude of authorities
Jammu and Kashmir High Court: Puneet Gupta, J. dismissed the writ petition and set aside the detention order on the grounds that
Lynching | Advisories to States/UTs for prompt and strict action against miscreants taking law into their own hands and inciting violence
Union Minister of State for Home Affairs, Shri Nityanand Rai, in a written reply to a question regarding details on mob lynching
Guj HC | Simple registration of FIR not sufficient to establish breach of maintenance of public order
Gujarat High Court: A Bench of S.H. Vora, J. allowed the special leave petition and quashed the impugned order of detention by
Act affecting public order must affect the community at large; detenue under Gujarat Prevention of Anti Social Activities Act released
Gujarat High Court: A Single Judge Bench comprising of S.H. Vora, J., allowed a petition against the detention orders passed under Gujarat
A positive report regarding threat to the State or public order is necessary to deny parole to a convict
Punjab and Haryana High Court: The order denying parole to the petitioner (convict) based on the report of the District Magistrate was
Allahabad HC holds slaughter of cow in public place disrupts public order and not only law and order
Allahabad High Court: The High Court dismissed a habeas corpus petition brought before it in a case of cow slaughter in front
Difference between maintenance of law and order & public order discussed
High Court of Andhra Pradesh and Telangana: The detention of one Chirraboina Krishna Yadav under the Telangana Prevention of Dangerous Activities of
Rhetorical incantation of the words “goonda” or “prejudicial to maintenance of public order” not sufficient to invoke Preventive Detention
Supreme Court: In the case where the detenu was detained under the Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders,