Allahabad HC directs State to reconsider premature release of 79-year-old accused who was incarcerated for 25 years
“The impugned order is a stereotype order which is passed in almost every case by the State Government without application of mind.”
Non- Application of mind
“Once a statute provides for detention under specific contingency, a person can’t be detained under another contingency”: J&K and Ladakh HC
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
Allahabad High Court upholds rejection of S. 321 CrPC application filed by Swami Chinmayanand Sarawati, former Union Minister of State
Allahabad High Court: In application by Swami Chinmayanand Sarawati, former Union Minister for State, invoking extraordinary power of the Court
It is imperative on the High Court to record reasons while deciding application under Section 378(3) CrPC—Reiterated: SC
Supreme Court: A.M. Sapre, J. speaking for himself and Uday U. Lalit, J. allowed an appeal filed by the State of U.P.