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PRITINKER DIWAKER, SUBHASH CHANDRA SHARMA
Anil Singh – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Subhash Chandra Sharma, J.
1. Heard Sri Saghir Ahmad, learned Senior Advocate assisted by Sri Vinay Kumar Singh, learned counsel for the petitioner, Ms. Kumari Meena, learned A.G.A. for the State-respondents and Sri Santosh Kumar Singh Paliwal, for Union of India.
2. By this writ petition under Article 226 of the Constitution of India petitioner Anil Singh prays for issuance of a writ, order or direction in the nature of Habeas Corpus challenging the validity and constitutionality of the impugned detention order dated 20.11.2019 passed by District Magistrate, Sonebhadra/respondent no.3 (hereinafter referred to as ' the detaining authority') under sub section (2) of Section 3 of National Security Act, 1980 (for short the 'NSA') on being satisfied that petitioner's detention was necessary with a view to prevent him from acting in any manner prejudicial to the maintenance of public order as well as confirmation order dated 29.11.2020 passed by the Under Secretary Home (Confidential) Department, Government of U.P., Lucknow/respondent no.2.
Petitioner has also prayed for a direction to the respondents to set him at liberty and to award cost to him.
3. The order of detention alongw
In case of a person in custody a detention order can validly be passed (1) if the authority passing the order is aware of the fact that he is actually in custody; (2) if he has reason believe on the ....
Point of law: Now the law, as it stands, is that even one solitary incident may give rise to the disturbance of 'public order'. It is not the multiplicity but the fall out of various criminal acts. T....
Preventive detention requires clear, compelling reasons linked to public order; mere apprehensions are insufficient.
Preventive detention requires a clear demonstration of how actions disturb public order, not merely law and order, with timely issuance reflecting genuine concern for community safety.
Preventive detention under the National Security Act requires subjective satisfaction of the authorities that the detenue is likely to disturb public order based on gathered evidence and present cond....
Detention can be legally imposed on individuals already in jail if justified by circumstances and substantial evidence of future prejudicial activity.
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