-The Telegraph The Supreme Court has set aside a Manipur magistrate’s Preventive detention order against a member of the banned Kanglei Yawol Kanna Lup group, saying it had been passed “casually” based on fears he might get bail. The top court ruled that such orders couldn’t be passed just because the state apprehended that an accused might get bail from normal criminal courts or because a person had been charged with a...
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‘Apprehension of bail being granted no ground for Preventive detention' by J Venkatesan
Right to life and liberty cannot be taken away sans due procedure, says Supreme Court Observing that the right to life and liberty guaranteed to a citizen under Article 21 of the Constitution cannot be taken away without following due procedure, the Supreme Court has held that mere apprehension of the authorities that an accused was likely to be released on bail was not a ground for passing Preventive detention orders. A...
More »Bail is norm: Supreme Court to courts by Sanjay K Singh
-The Economic Times The Supreme Court has asked courts to send accused persons to jail only after conviction. In a landmark judgement on bail, which will have a major impact on the several thousands of undertrials languishing in various jails, the Supreme Court on Monday said denial of bail to an accused for an indefinite period impinged on the Fundamental Right to life and personal liberty. "The courts owe more than verbal...
More »Supine delay over representations will render detention illegal: court by J Venkatesan
Holding that procedural safeguards for protection of personal liberty must be strictly followed, the Supreme Court has quashed the Preventive detention of four persons under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act. A Bench of Justices A.K. Ganguly and J.S. Khehar, quoting a catena of decisions, held that in Preventive detention cases, representations from the detenus must be disposed of expeditiously and every day's delay must be...
More »Supreme Court agrees to hear Bhim Singh's petition
-The Hindu The Supreme Court on Friday indicated that it would examine the larger question of violation of fundamental rights raised by Bhim Singh of the Jammu and Kashmir Panthers Party in his petition against the Preventive detention of Anna Hazare, and asked him to get the anti-corruption campaigner's consent to prosecute the petition. In his petition, Mr. Singh questioned the correctness of the Delhi Police in having taken Mr. Hazare into...
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