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RAMESH SINHA, SAROJ YADAV
Parvez Thru His Brother Imran – Appellant
Versus
State Of U. P. Thru Secy. Home Lucknow – Respondent
JUDGMENT :
Ramesh Sinha, J.
1. At the outset, Sri Narendra Gupta, learned Counsel for the detenues/petitioners have submitted that applications for amendment, bearing C.M. Application No. 53220 of 2021 in re: Habeas Corpus No. 412 of 2021, C.M. Application No. 53294 of 2021 in re: Habeas Corpus No. 414 (H/C) of 2021 and C.M. Application No. 53175 of 2021 in re: Habeas Corpus Petition No. 416 of 2021, are pending.
2. On due considerations, we allow aforesaid amendment applications and permit the learned Counsel for the petitioners to make necessary amendment in the memo of the writ petition during the course of the day.
3. Questioning the legality and validity of the orders dated 14.08.2020 passed by the District Magistrate, Sitapur (respondent no.3), directing detention of Parvez, Irfan and Rahamtullah in exercise of its power under Section 3 (2) of the National Security Act, 1980 (hereinafter referred to as the 'Act, 1980'), which was subsequently confirmed by Uttar Pradesh Advisory Board under Section 11 of the Act, 1980 and on the basis of same, the orders for confirmation dated 05.10.2020 and 06.11.2020 have been passed by the Under Secretary, Home (Confidential) Department, Govern
Point of law: Merely on the ground that an accused in detention as an under trial prisoner was likely to get bail an order of detention under the National Security Act should not ordinarily be passed
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....
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.
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 ....
Detention order - The posting of the provocative message through his Facebook wall, as referred to herein-above, strikes at the root of the State’s authority and is directly connected to ‘public orde....
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