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RAHUL CHATURVEDI, GAJENDRA KUMAR
Rangesh Yadav – Appellant
Versus
Superintendent of Jail – Respondent
JUDGMENT :
Gajendra Kumar, J.
1. Heard Shri Daya Shankar Mishra, learned Senior Advocate, assisted by Shri Chandrakesh Mishra and Shri Abhishek Mishra Advocates, learned counsel appearing for the petitioner, Shri Patanjali Mishra and Sri Satyendra Tiwari, learned Additional Government Advocate for the State-respondents (1) Superintendent, District Jail, Azamgarh, (2) District Magistrate, Azamgarh and (3) State of Uttar Pradesh and Mr. Kameshwar Singh, learned counsel representing Central Government.
2. Pleadings between the contesting parties were exchanged and the matter is ripe for final submissions.
3. After hearing the counsels for the contesting parties on the earlier occasion on 21.04.2023, the Court has allowed the petition, directing the authorities to release the petitioner forthwith, if not wanted in any other case, though detailed judgment would follow. The operative portion of our order reads thus :
The detention order was quashed due to procedural violations and lack of connection between the detenu's past conduct and the necessity for detention under the National Security Act.
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....
Preventive detention under the National Security Act requires clear justification of public order disturbances, adherence to procedural safeguards, and can be validated by prior criminal history.
The main legal point established in the judgment is that preventive detention under the National Security Act must be based on specific and justifiable grounds, and the detaining authority must ensur....
The detention order under the National Security Act was based on the subjective satisfaction of the detaining authority, considering the likelihood of the detainee being released from custody in 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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