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LATEST NEWS UPDATES | Individual liberty cannot be taken away without proper application of mind, says Allahabad HC -Kaunain Sheriff M

Individual liberty cannot be taken away without proper application of mind, says Allahabad HC -Kaunain Sheriff M

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published Published on Apr 6, 2021   modified Modified on Apr 6, 2021

-The Indian Express

The Indian Express tracks how the National Security Act (NSA) is being abused in Uttar Pradesh over the last two years.

* District Magistrate passed orders in a mechanical manner, in some cases merely on the basis of police reports.

* The procedural safeguard of effective representation for those detained was seriously infringed.

* Individual liberty guaranteed by the Constitution cannot be taken away without proper application of mind.

THESE ARE some of the key observations made by the Allahabad High Court as it quashed 30 of 41 cases that showed how the National Security Act (NSA) is being abused in Uttar Pradesh over the last two years.

The Indian Express tracks legal records of all the NSA cases that were dismissed to find out what the court said and why. Here are key illustrative examples:

NON-APPLICATION OF MIND

Detained: Laiq alias Lakku

NSA issued: On July 31, 2017, by District Magistrate (DM) Kannauj relying on FIR alleging cow slaughter in “open field”.

High Court steps in: It put on record submissions from accused that “detention order has been passed solely on account of some applications/ complaints/ representations given by and given at the behest of political parties”. It said “subjective satisfaction as recorded (by the DM) is bad in law”, and that the government “could not demonstrate as to what was the cogent material with the detaining authority on which the satisfaction has been recorded”.

Key observation: Recorded submission that “detaining authority was unduly swayed by the representations and the applications given by the City President of the BJP as well as the District President of Hindu Yuva Vahini and… the detaining authority has not evaluated the circumstances with a free mind, individually and independently.”

Please click here to read more.


The Indian Express, 6 April. 2021, https://indianexpress.com/article/express-exclusive/express-investigation-individual-liberty-cannot-be-taken-away-without-proper-application-of-mind-says-allahabad-hc-7260392/


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