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SIDDHARTHA VARMA, ANISH KUMAR GUPTA
Sunil Chachuda – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
Anish Kumar Gupta, J.
1. Counter affidavit filed on behalf of respondent no.3 is taken on record.
2. Heard Sri Sujan Singh, learned counsel for the petitioner, Sri Amit Sinha, learned A.G.A. for the State and Sri Om Prakash Mishra, learned counsel for the respondent no.6- Union of India.
3. The instant application has been filed seeking quashing of the impugned detention order dated 30.01.2023, passed by the respondent no.3-District Magistrate-Hapur, which was confirmed by the respondent no.2-State Government, vide order dated 13.03.2023, in terms of Section 12 (1) of the National Security Act, 1980 (hereinafter referred as 'the Act'), on 13.03.2023, which was subsequently extended vide order dated 27.10.2023.
4. The facts in brief are that the petitioner herein was detained vide order dated 30.01.2023 passed by the District Magistrate-Hapur, under Section 3(2) of the Act, having been authorised under Section 3(3) of the Act. The said order was approved by the State Government under Section 3(4) of the Act on 07.02.2023 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
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....
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 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....
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 power to fix the period of preventive detention under the KAAPA is exclusively vested in the Government after receiving the Advisory Board's report, and any initial stipulation of a detention per....
The power to fix the period of preventive detention under the Kerala Anti-Social Activities (Prevention) Act, 2007, is exclusively vested in the Government after the Advisory Board's recommendation, ....
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....
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