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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
J.J.MUNIR, SANJIV KUMAR
Javed – Appellant
Versus
State of U.P – Respondent
JUDGMENT :
J.J. Munir, J.
1. Javed, a detenue under the National Security Act, 1980, has petitioned this Court for the grant of a writ in the nature of habeas corpus, declaring his detention pursuant to the order dated 05.06.2025, passed by the District Magistrate, Shamli, illegal and with a prayer that the rule be made absolute, ordering him to be set at liberty.
2. The case against the petitioner, on the foot of which he has been detained vide order dated 05.06.2025 passed by the District Magistrate, Shamli under Section 3(2) of the National Security Act, 1980 (for short, 'the NSA'), is copiously set out in the grounds of detention, upon which the order of detention is founded.
3. According to the grounds of detention, on the 15th of March, 2025, Sub-Inspector Gyanendra Singh, Chowki In-charge Chausana, Police Station Jhinjhana, District Shamli, had left the Chowki along with his companion policemen in the official vehicle for the purpose of maintaining law and order, doing inquiries and serving processes etc. The Sub-Inspector had left his Chowki at 10:10 a.m. vide G.D. Entry No.14. When the police party reached the jungle of Village Lavvadaudpur, they received information that in t
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 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 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 NSA upheld where procedural safeguards strictly followed, subjective satisfaction based on proximate material of cattle slaughter during festival causing communal tension, ....
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 ....
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