Back
RONGON MUKHOPADHYAY, NAVNEET KUMAR
Sandeep Pradhan @ Sandeep Thapa son of late Jai Kishore Pradhan – Appellant
Versus
State of Jharkhand through the Under Secretary, Department of Home, Government of Jharkhand, Ranchi – Respondent
JUDGMENT :
R. Mukhopadhyay, J.
Heard Mr. Jitendra S. Singh, learned counsel for the petitioner and Mr. Piyush Chitresh, learned A.C. to A.G.
2. In this writ application, the petitioner has prayed for setting aside the order dated 18.05.2024 passed by the Respondent No. 2 in CCA Case No. 2 of 2024 under Section 3 (a)(b)(i)(ii) of the Jharkhand Control of Crimes Act, 2002 whereby and whereunder an order of externment has been passed against the petitioner for a period of three months directing him to remove himself to outside the district and not to enter into the district till 21.8.2024 and also to furnish a bond of Rs.25,000/- with two sureties under section 7 (1)(b) of the Jharkhand Control of Crimes Act.
3. It has been submitted by Mr. Jitendra S Singh, learned counsel appearing for the petitioner, that the order impugned has not at all considered that the petitioner is not a habitual offender and therefore he cannot be termed to be an anti-social element thereby invoking Section 3 of the Jharkhand Control of Crimes Act and passing an order of externment against the petitioner. It has further been submitted that one of the reasons assigned by the respondent no. 2 in the impugned orde
The definition of 'habitual' in the Jharkhand Control of Crimes Act requires a pattern of repeated offenses, which was not established in this case.
The main legal point established in the judgment is the strict adherence to the provisions of the Jharkhand Control of Crimes Act, 2002, and the protection of fundamental rights guaranteed under the ....
Preventive detention requires clear evidence of habitual criminality and a threat to public order, not merely law and order issues.
Preventive detention requires clear evidence of habitual offending behavior; mere allegations are insufficient to justify detention under the Jharkhand Control of Crimes Act.
Preventive detention upheld for anti-social element habitually committing grave offences with pending serious cases establishing live proximate public order threat; unsubstantiated mala fides and pro....
The main legal point established in the judgment is that externment orders must satisfy the requirements of close proximity to the offense, objective consideration, and satisfaction of the District M....
The court highlighted the importance of objective material for recording subjective satisfaction to pass an order of externment, the need for compliance with principles of natural justice, and the ne....
Externment orders under the Delhi Police Act can be justified based on habitual criminal behavior posing a danger to society, even if FIRs are not within a year of the order.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
