Adam Ali – Appellant
Versus
Union of India – Respondent
ORDER :
1. Heard Mr. M.K. Choudhury, learned senior counsel for the petitioner. Also heard Mr. T.C. Chutia, learned Additional Senior Government Advocate, Assam, appearing for the respondent Nos. 2 to 5.
2. This Habeas Corpus petition has been filed by the petitioner through an affidavit filed by his wife Ms. Babita Prodhani. The petitioner (Adam Ali @ Adil Ali) is the proprietor of a firm, namely, M/s. Mahdi Islam, which is a registered firm and engaged in the business of purchase, store and sale of cattle from States in India, which includes Assam. According to the petitioner, these cattles are purchased from West Bengal and thereafter sold in the market at different places. According to the petitioner, his business is lawful.
3. An FIR was lodged against the petitioner on 11.10.2020, which was registered as Gauripur Police Station Case No. 1190/2020 under Sections 120B/121/121A/122/371 of the IPC, read with Section 25(1AA) of the Arms Act, 1959. Thereafter, the petitioner was arrested and later vide order dated 15.12.2020 passed by this Court he was released on bail.
Another FIR was also lodged against the petitioner on 11.10.2020 at Dhubri Sadar Police Station, which was registered
Preventive detention – In a democracy governed by rule of law, drastic power to detain a person without trial for security of State and/or maintenance of public order, must be strictly construed.
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The judgment established the importance of providing necessary documents to the detenue and the grounds for preventive detention when ordinary law fails to deter criminal activities.
The main legal point established in the judgment is the importance of strict compliance with procedural safeguards in preventive detention cases, including providing the detenue with the whole of the....
The right to be informed of the grounds of detention in a language understood by the detenue is a fundamental constitutional right, and failure to comply with this requirement, along with the lack of....
The main legal point established in the judgment is the requirement for detention orders to be based on specific and non-vague grounds, the need to communicate the grounds of detention in a language ....
The detention order was invalidated due to non-application of mind, failure to provide material to the detenue, and violation of procedural requirements.
The main legal point established in the judgment is the importance of strict compliance with procedural safeguards, including the communication of grounds of detention in a language understood by the....
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