Back
SIDDHARTHA VARMA, ANISH KUMAR GUPTA
Abbas Ansari – Appellant
Versus
Adhichak Janpat Karagar – Respondent
JUDGMENT :
Anish Kumar Gupta, J.
1. Heard Sri Dayashankar Mishra, learned Senior Counsel assisted by Sri Abhishek Mishra and Sri Chandrakesh Mishra for the petitioner, learned Additional Advocate General, Sri P.C. Srivastava, assisted by Sri J.K. Upadhyaya and Shri Vikas Sahai for the State and Ms. Annapurna Singh Chandel, learned counsel on behalf of the Union of India.
2. The instant writ petition has been filed seeking quashing of the impugned detention order dated 18.9.2023 passed by the respondent no. 2-District Magistrate, Chitrakoot under section 3(2) of the National Security Act, 1980 (hereinafter referred as 'the Act, 1980'), which was subsequently confirmed by the State Government vide order dated 2.11.2023 for a period of three months from the date of the detention of the petitioner i.e. from 18.9.2023. Thereafter, the said detention order was again extended on 11.12.2023 by the State Government for a period of six months with effect from 18.9.2023.
3. The facts, in brief, are that the petitioner herein was detained vide order dated 18.9.2023 passed by the District Magistrate-Chitrakoot, under Section 3(2) of the Act, 1980 having been authorised under Section 3(3) of the Act
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 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....
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.
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,....
Preventive detention for a person in custody is valid only if the detaining authority explicitly records awareness of the custody status, assesses the real possibility of release on bail, and conclud....
Initial detention period under National Security Act cannot exceed three months without proper justification and adherence to statutory requirements.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
