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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
J.J.MUNIR, SANJIV KUMAR
Sameer – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
J.J. Munir, J.
1. This petition for a writ of habeas corpus has been preferred by Sameer through his father, Shamshad, against his detention ordered by the District Magistrate, Shamli, under Section 3(3) of the National Security Act, 1980, vide order dated 15.05.2025, and confirmed by the State Government vide order dated 12.06.2025 made under Section 12(1) of the Act last mentioned.
2. The facts, giving rise to this petition, would show that it all began with a police party, headed by Sub-Inspector Gyanendra Singh on routine duty to maintain law and order and serve processes etc. while passing through the jungle in Village Lavvadaudpur, Police Station Jhinjhana, District Shamli, coming across the remains of cows’ progeny, lying in the field of one Sandeep son of Aval Singh on 15.03.2025, soon after 10.10 a.m. The police party, who came across the remains of cows' progeny, found 11 dismembered feet, four tails, parts of the head, besides parts of skin and a wooden block. The police team called Veterinary Medical Officer, Dr. Imran Ansari over his mobile phone to identify the remains. The Veterinary Medical Officer reached the spot and identified the remains as ones of the c
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 ....
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.
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