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SIDDHARTHA VARMA, ANISH KUMAR GUPTA
Abdul Rahman alias Nanni – Appellant
Versus
Adhichhak Janpad Karagar Ghaziabad – Respondent
JUDGMENT :
1. Heard Shri Daya Shankar Mishra, learned Senior Advocate assisted by Shri Chandrakesh Mishra, learned counsel for petitioner and Shri Arvind Singh, learned counsel for Union of India and learned A.G.A. for respondent nos. 1 to 3.
2. The instant writ petition has been filed seeking quashing of the impugned detention order dated 12.07.2023 passed by the respondent no. 2-District Magistrate-Ghaziabad under Section 3(2) of the National Security Act, 1980.
3. The facts, in brief, are that the petitioner herein was detained vide order dated 12.7.2023 passed by the District Magistrate-Ghaziabad under Section 3(2) of the Act, 1980 having been authorised under Section 3(3) of the Act, 1980. The said order was approved by the State Government under Section 3(4) of the Act, 1980 on 18.7.2023 and the matter was referred to Advisory Board. After receiving the report from the Advisory Board, the said detention order was confirmed in terms of Section 12 (1) of the Act, 1980 by the State Government on 2.8.2023 whereby the petitioner was detained for a period of three months from the date of initial detention order i.e. 12.7.2023. The detention of the petitioner herein was again extended
The State Government can pass a confirmatory order beyond three months, up to a maximum of twelve months from the date of detention, and the detention need not be reviewed every three months after th....
Once a confirmatory order of detention is passed under Section 12(1) of the National Security Act, the State Government has no authority to review or extend the order.
Once a confirmatory order of detention is passed under Section 12(1) of the National Security Act, the State Government has no authority to review or extend the order. The detention becomes illegal a....
The court established that detainees under the National Security Act must be afforded the right to legal representation, and that detention orders must adhere strictly to statutory procedures regardi....
Preventive detention orders are invalid if issued against individuals already in custody, as they lack grounds for action deemed necessary to prevent prejudicial behavior.
The preventive detention order must adhere to due process; failure to comply with procedural requirements renders it invalid.
An order of preventive detention against a person already in custody is vitiated if it fails to demonstrate the authority's awareness of such custody and lacks cogent, material evidence justifying th....
Point of Law : It is, thus, settled that the subjective satisfaction of the detaining authority has to be based on objective material and any non-existent or misconceived or irrelevant consideration,....
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