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“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.”
“Bail is the rule, but jail is the exception and an accused should be presumed to be innocent until proven guilty at the trial.”
“Since preventive detention, is an anathema to personal liberty, one has to give equal credence and weightage to the personal liberties of a person which are proposed to be suspended by way of the order of preventive detention.”
“The drug menace distorted the health and fabric of society and was the originator of petty offences as well as heinous crimes. The involvement of various terrorist groups and syndicates in drug trafficking threatened the national security and sovereignty of States via narco-terrorism.”
“In a democracy governed by the rule of law, the power to detain a person without trial, for security of the State or maintenance of public order must be strictly construed. But where individual liberty comes into conflict with the security of the State or public order, then the liberty of the individual must give way to the larger interests of the nation.”
SC Collegium modified its proposal to recommend Justice Rabstan as Chief Justice of his parent High Court of J&K and Ladakh and he took oath of office on 27-9-2024.
“In a democratic country, protestors can protest but they cannot disturb the protocol of Prime Minister and Vice President;” State argued.
Justice N. Kotiswar Singh was serving as the Chief Justice of Jammu & Kashmir and Ladakh High Court, prior to being elevated as Judge of the Supreme Court of India on 18-7-2024.
Respondents have not taken recourse to the procedure contemplated by Section 7 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers Drug-Offenders and Dangerous Persons Act, 1981, which provides for procedure to be adopted in case where the detenue is absconding.
Civil Procedure Code, 1908 — Or. 7 R. 11(d) — Suit or application whether barred by limitation — When no limitation provided for — Power
Justice Tashi Rabstan was earlier recommended to be appointed as Chief Justice of Meghalaya High Court; however, the SC Collegium modified its proposal to recommend him as Chief Justice of his parent High Court of J&K and Ladakh.
“There is no iota of doubt that the preventive detention of the petitioner is a sheer abuse of jurisdiction of preventive detention under the Jammu & Kashmir Public Safety Act, 1978.”
Justice N. Kotiswar Singh was serving as the Chief Justice of Jammu & Kashmir and Ladakh High Court, prior to being elevated as Judge of the Supreme Court of India on 18-7-2024.
“When the liberty of a person is imperiled, immediate action should be taken by the relevant authorities”
The Court pointed out that the petitioner could have been detained only under Section 8 (1)(a-1) of the PSA and not under Section 8(1)(a) of the PSA, as both the clauses (a) and (a-1) operate in different fields
A quick legal roundup to cover important stories from all High Courts this week.
There is a distinction between “Law and Order” and “Public Order”, i.e., offences that target specific individuals fall under the category of “Law and Order” and it is only when the criminal activities of an individual adversely affect the public at large that their conduct is deemed to disturb “Public Order”.
The Court pointed out that to be influenced by the forceful submission of internal security of the State, and to reject a bail application where the State has utterly failed to disclose any material against the accused, is a sure shot recipe for miscarriage of justice.
“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”.
The Court noted that petitioner had been made to suffer loss of his liberty for a cumulative period of more than 1080 days of preventive custody covered under the span of four detention orders in row from 2019 to March 2024.