Court : Jammu and Kashmir
Reported in : 2006(2)JKJ538
..... . detention of certain persons- (1) the government may- (a) if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to-(i) the security of the state or the maintenance of the public order; that with a view of regulating his continued presence in the state or with a view to ..... grounds on which the order has been made and such other particulars, as in his opinion have a bearing on the matter, and no such order shall remain in force for more than twelve days after the making thereof, unless in the meantime it has been approved by the government.13. grounds of order of detention to be disclosed ..... what has been stated above, it is clear that you are a locally trained militant of ikhwan party outlawed organisation. your remaining at large is highly prejudicial to the security of the state, in the event of your release on bail8. when the detenu was already under custody, it was obligatory upon the detaining authority to communicate the grounds .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1996CriLJ3006
..... clear distinction between the two classes of offenders - (1) those offenders who have committed offences when the act was in force and (2) persons who are not offenders under the act at all as their activities take place after the expiry of the act. these two classes of persons cannot be treated at par. consequently, no fault can be found with ..... whereas under sub-section (2), an individual case can be transferred only and merely because of a fact relating to a fair trial, or danger to the safety and security of some persons etc. etc, the scope under sub-section (3) is entirely different because it covers a totally different field of practically winding up a designated court ..... for the transfer of the cases, may or may not be existing any more, as at present has not the situation, with regard to militancy, terrorism, threat perceptions, security, safety and so on and so forth, undergone some changes in these past five years? is it possible or probable that in the year 1996, in which we are .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1984J& K44
..... cases in exercise of its administrative powers, reliance was placed on behalf of the petitioners on section 38 of the act. which is extracted as below ;'subject to the provisions of any enactment for the time being in force, the high court may on its own motion, or on the application of party, withdraw any proceeding which is ..... these cases in exercise of his administrative powers, even assuming that section 38 envisaged not only judicial but also administrative powers of transfer in him. i find no force in this contention, for, assuming that these cases could have been transferred by the high court in exercise of its judicial powers under section 24, this argument clearly ..... that the word 'superintendence' as pointed out by rankin c. j. in 'manmatha nath v. emperor' air 1933 cal 132 (a) is a term of legal force and significance involving the responsibility to keep the courts and tribunals concerned within the bounds of their authority, to see that they do their duty, and that they do it .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1999CriLJ1911
..... filed counter and in terms thereof the detenu is stated to have been detained under the provisions of public safety act in order to prevent him from indulging in any activities subversive and prejudicial to the security of the state, notwithstanding, registration of fir 108/97 in police station safakadal, against the detenu for recovery of ..... ammunition from him.4. it is further averred that the case of the detenu was referred to the advisory board under section 15 of the act and the board gave ..... gravity of the activities of the detenu. the detention of ghulam mohideen najar, was ordered to prevent him from indulging in subversive activities prejudicial to the security of the state. having regard to the antecedents and the activities he was indulging as activist of tharequl mujahedeen outfit, that detaining authority seemed fully aware .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2002CriLJ2382
..... be briefly noticed :the privileges which the 'press' enjoys in india are the same as in england. in england, freedom of speech and liberty of the press were secured after a bitter struggle between the public and the crown. the liberty of press in england was interdicted. news could not be published without licence. it was in 1865, ..... not be sitting members of the bench was gone into. what was said by the full bench of lahore high court is being reproduced below :if there was any force in this contention, the contemner with a view to oust the jurisdiction would have merely to scandalise not a particular judge, but all the judges of the court ..... span of time and therefore, it cannot be said that he did not understand the implication of publication. therefore, to say that the publication in question was an innocent act and no other motive should be attributed to it, would be a suggestion which cannot be accepted. respondent no. 2 knowing fully well the implications, deliberately published the .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2006(2)JKJ214
..... habeas corpus petition.12. we further notice from the records that commanding officer of the appellant had recommended his termination of service in the interest of national security. this recommendation of the learned commanding officer has been examined at the requisite level. all the high ranking officers of the army have recommended termination of service ..... rule 17 of the army rules, just for nothing. there has been an investigation conducted against the appellant in which he was found to have crossed over the border and received an amount of rs. 1,000/- (rupees one thousand) for passing on some military information to the enemy. the detention of the appellant, in ..... rise to this appeal.7. sh. d.s. saini, learned counsel appearing for appellant, submits that there being no proof against the appellant having committed any act of espionage and there being no material before the military authorities on the basis of which his services could be terminated in the absence of a show cause .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1998CriLJ3179
..... as the basis of an order of detention under section 3(2) of the national security act. the act gives the power to the government to detain a person with a view to preventing him from acting in any manner prejudicial to the security of the state or the maintenance of public order. under proviso ii of clause ( ..... acting in any manner prejudicial to the maintenance of public order' means - (i) promoting, propagating or attempting to create, feelings of enmity or hatred or disharmony on ground of religion, race, caste, community, or region;(ii) making preparations for using, or attempting to use, or using or instigating, inciting, provoking or otherwise abetting the use of force ..... not of such magnitude and intensity as to be considered as having the potentiality to disturb the even tempo of life of the community and thereby constitute acts prejudicial to the maintenance of public order. consequently, the detention order on such incident was set aside.8. adverting to the facts of the present case .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2003(2)JKJ62
..... of which he in alleged to be a member. reference is made to the grounds of detention to canvass that the detenue was not arrested by the police or security forces but has surrendered voluntarily and if he had any involvement in heinous crimes why would he surrender. these facts are urged to establish non-application of mind by ..... , leading to a legitimate inference that the detaining authority was not really and genuinely satisfied about the necessity of detaining the detenue with a view to preventing him from acting in a prejudicial manner. that being so, the detention of the detenue in the instant case is rendered illegal.' in showkat ahmad bakhshi v. state and ors., ..... of this court has held:'9. the arguments advanced at the bar have been considered. at the outset the breach of procedural safeguard enshrined in section 13 of the act is detected. the section mandates that when a person is detained in pursuance of a detention order, the authority making the order shall, as soon as may be, .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2004(3)JKJ624
..... view has been taken by the apex court in sita ram v. state of rajasthan, air 1992 sc 1432.23. the prosecution has not made any attempt to secure any witness from amongst the locality or even from the building where the landlord and other people were also residing. in the absence of such evidence, it cannot ..... and unconvincing to prove the recovery beyond any shadow of doubt,19. as the factum of recovery is another essential ingredient to prove the offence under prevention of corruption act, there has to be satisfactory and truthful evidence, available on record, which in the present case is altogether missing20. in a criminal case, it is always incumbent ..... organisation, srinagar, as a result of which fir no. 24 of 1985 came to be registered against the accused for commission of offence under section 5(2) p.o. act, 2006 bk, read with section 161 rpc. a team was constituted, headed by deputy superintendent of police (investigating officer), mohd sayed. the raiding party, besides other members .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2005(1)JKJ151
..... in revision are very wide and extensive. unlike the powers of his counter part in punjab, the powers enjoyed by the financial commissioner under the tenancy act in force in our state are not subject to the limitations and restrictions contained in section 115 of civil procedure code. sitting on the revisional side it is open to him ..... file carefully. from the perusal of the records, these things emerges:(i) sadhu deceased issueless during the year 4.1.1955 much before the hindu succession act came into force;(ii) inheritance of devi ditta father of the parties which was attested on 14.6. 1955 has not been challenged by the petitioners. it is time ..... before the mutating officer. the joint settlement commissioner rejected the revision petition of the petitioners on the ground that sadhu ram died issueless before coming into force the hindu succession act and inheritance of devi ditta, which was attested on 14.6.1999, has not been challenged by the petitioners within the prescribed time. the .....
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