Judgment Search Results Home > Cases Phrase: assam preventive detention act 1980 section 8 grounds of order of detention to be disclosed to person affected by the order Page 11 of about 315 results (0.431 seconds)

Vasanthu Sumalatha Vs. State of Andhra Pradesh rep. by its Chief Secre ...

Court : Andhra Pradesh

..... of mind and vitiate the orders of detention; the order of detention is akin to a decree, and the grounds of detention are akin to a judgment; on the basis of the material furnished by the sponsoring authority, and after perusing the file and analysing the material placed before him, the detaining authority decides whether or not the concerned person should be detained; such a reference forms the basis of the satisfaction arrived at by the detaining authority to detain the detenu in preventive custody; the very fact that the detaining authority referred to public order in the order of detention, and public peace and law and order in the grounds of detention reflects his confused state ..... while the order of detention passed by the district collector and district magistrate, chittoor dated 09.02.2015, records his satisfaction that the acts of the detenu were prejudicial to the maintenance of public order and the grounds of detention, at several places, refer to the fact that the activities of the delinquent were prejudicial to the maintenance of public order, the satisfaction of the detaining authority, as recorded in the concluding part of the grounds of detention, is that the detenu should be detained under section 3(1) read with section 3(2) of a.p. .....

Atikur Rahaman vs.union of India & Anr

Court : Delhi

..... the submissions of mr.pradeep jain can be summarized as under:-"(i) the detention order has been passed based on a solitary incident; (ii) subjective satisfaction wrongly arrived at by the detaining authority; (iii) non-submission of vital documents before the detaining authority; (iv) violation of article 22(5) of the constitution of india read with section 3(3) of the cofeposa act; (v) when ordinary law of land is sufficient to deal with the situation, the invocation of preventive detention is bad in law; and (vi) delay in execution of the detention order. w.p. (c rl. ..... notwithstanding the many disadvantages of preventive detention, particularly in a country like ours where right to personal liberty has been placed on a very high pedestal, the constitution has adopted preventive detention to prevent the greater evil of elements imperilling the security, the safety of state and the welfare of the nation.70. ..... the court can only examine the grounds disclosed by the government in order to see whether they are relevant to the object which the legislation has in view, that is, to prevent the detenue from engaging in smuggling activity. ..... smugglers and foreign exchange manipulators by flouting the regulations and restrictions imposed by fema by their misdeeds and misdemeanours directly affect the national economy and thereby endanger the security of the country. .....

Harpal Singh Vs. State

Court : Allahabad

Reported in : AIR1950All562

..... the expression 'preventive detention' in its literal sense conveys the idea of detaining a person in order to prevent him from doing something which the detaining authority has forbidden or does not want him to do; and in the laws providing for preventive detention the expression seems to have been used, as would be evident from the wordings of section 3, preventive detention act iv [4] of 1950, to mean detention with a view to prevent a person from acting in any manner prejudicial to the defence of india, the relations of india with foreign powers, the security of india, the security of the state, the maintenance of public order, the maintenance of supplies and services essential to the community or other ..... and runs thus:'an order made under section 3 by the provincial government shall, in the first instance, remain in force for a period not exceeding six months, as may be specified from the date of its service on the person affected :provided that the period specified may, from time to time subject to the provisions of section 5a be enlarged by the provincial government so however that any one enlargement shall not be for a period exceeding six months and the total period of the enlargements granted shall not in the aggregate exceed twelve months .....

The State of Bombay Vs. Atma Ram Sridhar Vaidya

Court : Supreme Court of India

Reported in : AIR1951SC157; 1951CriLJ373; (1951)IMLJ389(SC); [1951]2SCR167

..... section 3 of the preventive detention act therefore requires that the central government or the state government must be satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to (1) the defence of india, the relations of india with foreign powers, or the security of india, or (2) the security of the state or the maintenance of public order, or (3) the maintenance of supplies and services essential to the ..... of the respondent, it was argued that if the grounds of detention are vague or insufficiently clear there will result a failure to give him the earliest opportunity to make a representation against the order of detention and that defect in its turn must affect the satisfaction on which the order of detention was made ..... under these circumstances, it is but right to emphasize that the communication made to the detained person to enable him to make the representation should, consistently with the privilege not to disclose facts which are not desirable to be disclosed in public interest, be as full and adequate as the circumstances permit and should be made as soon as it can ..... the court can, however, examine the grounds disclosed by the government to see if they are relevant to the object which the legislation has in view, namely, the prevention of acts prejudicial to public safety and tranquillity, for 'satisfaction' in this connection must be grounded on material which is of rationally probative value' - machindar shivaji .....

Mohd. Iqbal Vs. Superintendent, Central Jail, Tehar, New Delhi and ors ...

Court : Delhi

Reported in : AIR1969Delhi45; 1969CriLJ186

..... person is detained for specific offence no order under the preventive detention act can validly be passed as it would be circumventing the provisions of the criminal procedure code and denying to the detenu the statutory right of supervision by the court, (3) the grounds furnished are vague and indefinite and some of them are irrelevant and non-existent thereby depriving the petitioner of his constitutional right of effective representation as envisaged by article 22(5) of the ..... acted mechanically on the advice of the customs authorities who want to punish the petitioner for past acts and to extort a confession in pending cases to be used against persons who are standing trial with the petitioner in the criminal case, (5) the detention of the petitioner has no rational or direct connection with the purpose set out in section 3 of the preventive detention act and is, thereforee, illegal and outside the scope of the act section 3(1) (b) must be read with section 3 (1) (a) of the act and in that situation the petitioner could be detained under section 3 (1) (b) only if the detaining authority was satisfied that it was necessary to prevent him from acting ..... 7 (2), preventive detention act'when i read words 'particulars other than those which have been already furnished to the petitioner', i understand them to mean that what is against public interest to disclose are facts beyond the facts or particulars supplied initially and the further particulars supplied to the detenu and .....

Sunil Kumar Samaddar Vs. the Superintendent, Hooghly Jail and ors.

Court : Kolkata

Reported in : AIR1972Cal35,1972CriLJ244,75CWN751

..... , (a) that the acts complained of having taken place on 5-12-1969 when the preventive detention act, 1950 was in force but was not taken into consideration for an order of detention under the said act, cannot constitute a relevant ground for detention under the west bengal (prevention of violent activities) act, 1970 on 25-12-1970 and (b) that in any event the said acts are outside the ambit of section 3 (2) (a) to (e) of the president's act no. ..... burman thereafter made a further submission that in any event, in order to detain the person concerned, there need not be any such past activity as stated in the definition given in any one of the clauses (a) to (e) to section 3 (2) of the west bengal (prevention of violent activities) act, 1970 but that the detaining authorities may proceed even on an apprehension that the detenu may commit such acts, affecting thereby the security of the state or public order and accordingly to prevent him from committing the same, he may be detained. mr. ..... the government may detain a person even though the grounds clearly disclose that he could have been prosecuted under the ordinary criminal law with regard to those very grounds. ..... 1 does not disclose any malice in law and the contentions of mr. .....

Moin Akhtar Qureshi vs.uoi & Ors.

Court : Delhi

..... facts, in brief, were that the petitioner in that case was arrested on july 5, 1950 under an order issued by district magistrate, amritsar under section 3 of the preventive detention act 1950. ..... objective of a writ of habeas corpus is to release persons illegally detained or confined; a writ of habeas corpus is not granted when a person is committed to jail custody by a competent court by an order which, prima facie, does not appear to be without jurisdiction or wholly illegal; infirmity in the detention of the petitioner at the initial stage cannot invalidate the subsequent detention and the same has to be judged on its own merits; a petition seeking the writ of habeas corpus on the ground of absence of a valid order or remand or detention of the accused has to be dismissed, if on the date of the return of the rule, the custody or detention is on the basis of a valid order. ..... handoo submits that in the facts of the present case, the petitioner was served with an arrest memo which disclosed the section of law under which, presumably, the petitioner was arrested as 3 r/w 4 prevention of money laundering act of 2002 . ..... the ed had sent a communication to the cbi on 31.08.2016 informing the cbi that during the course of investigation under fema, inter alia, against the petitioner, he was found to have indulged as a middleman for several public servants, and that the analysis of the records disclosed the commission of cognizable offence. .....

Jagadish Prasad Puranchand Vs. Commissioner of Police, Pune and Anothe ...

Court : Mumbai

Reported in : 1982CriLJ1292

..... he also argued that the action is being taken pending the prosecution instituted against the detenus for a serious charge of murder and other offences under sections 302 and 323 read with section 34 of the indian penal code and section 67 of the bombay prohibition act and as the said prosecution is still pending the preventive detention of the detenus has an effect of forcing them to disclose their defence at this stage and, therefore, according to shri paranjape on this count also the orders of detention are void. ..... substance viz, methyl alcohol to persons without valid permits knowing full well the fatal consequences of the same and thereby caused death of 5 persons (list attached at schedule 'a') and caused serious bodily injuries to 40 person (list attached schedule 'b')'the above fact will clearly indicate that your activities in the localities of nagpur chawl and nearby slum area adjoining thereto in pune police commissionerate limits affect adversely the maintenance of the public order in the said localities and area'similar order is issued in case of anand ..... he has also challenged the vires of the provisions of the ordinance on the ground that in substance preventive detention contemplated by the ordinance is for a specific offence under the bombay prohibition act and other laws in the field and, therefore, punitive in nature. .....

Pralhad Krishna Kurane Vs. the State of Bombay

Court : Mumbai

Reported in : AIR1952Bom1; (1951)53BOMLR717; ILR1952Bom134

..... for instance, the act requires that the grounds of detention must bo disclosed to persons affected by the order of detention and therefore in section 7 of the act we find a specific provision to that effect. ..... under the preventive detection act, 1950, as it stood originally, an order of detention would have remained in force only for a period of one year from the date of the order; but on 22-2-1951 the preventive detention act was amended by an amending act, and section 12 of the amending act provided :'for the avoidance of doubt it is hereby declared that- (a) every selection order in force at the commence-ment of the preventive detention (amendment) act, 1951, shall continue in force and shall have effect as if it had been made under this act as amended by the preventive detention (amendment) act, 1951; and (b) nothing contained in sub-section (3) of section 1, or sub-section (1) of section 12 of this act as originally enacted shall .....

Sultan SalehuddIn Vs. the State of Andhra Pradesh and ors.

Court : Andhra Pradesh

Reported in : AIR1959AP73; 1959CriLJ160

..... therein is that the court is entitled to examine the grounds to see whether there is any direct causal connection between the grounds and the maintenance of publicorder.there is nothing in all these rulings to suggest that the present activities cannot be considered in the light of the previous conduct in order to obtain the satisfaction within the meaning of section 3 of the preventive detention act. ..... on 37-3-1958 the grounds on which the order was made were communicated to the detenue informing him at the same time that against the order he had aright to make representation to the chief secretaryto the government of andhra pradesh within the prescribed period.these grounds were to the effect that the saiddetenue had been 'rousing or attempting to rouse communal passions and creating or attempting to create panic, resentment or hatred in the minds of the muslims against the state and the non-muslims as disclosed by his speeches made by him in public meetings' on ..... any act affecting or calculated to affect the same should certainly be appropriately dealt with by the government.the detaining authority has come to the conclusion that if the detenue is at large and allowed to continue these activities there is probability that sooner or later these activities will bring about a situation where the security of the state will be in danger and that there is a strong threat to the maintenance of public order as the communal passions are being roused and seeds of discord, hatred and .....