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Munna (In Jail) Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 1995CriLJ1136

..... the habeas corpus petition in this court challenging the order of the district magistrate, kanpur city, dated 15th of february, 1994 exercising powers under section 3(3) of the national security act (hereinafter referred to as the act) and directing that the petitioner will be detained under section 3(2) of the act in kanpur jail in ordinary class and has prayed for a relief of declaring the aforesaid detention order and the order approving/confirming the detention of the petitioner ..... the alleged incident on the basis of which the petitioner has been detained under the national security act at best makes out a case of disturbing of law and order and not disturbing public order, as such the provisions of national security act could not have been invoked against the petitioner for the purpose of detaining him under section 3(2) of the act.3. ..... 313 of cri lj):.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.... 11. ..... 25 of 1994 before metropolitan magistrate, kanpur city from which it was clear that the detenue is going to be released from jail in near future and keeping this in mind, it became necessary to detain the petitioner under national security act. ..... been moved before the sessions judge, as such the detaining authority has not applied his mind to relevant material necessitating the petitioner's detention under the national security act. .....

Deepesh Mahesh Zaveri Vs. the Union of India and Others

Court : Mumbai

Reported in : 1998(5)BomCR12; (1998)1BOMLR547; 1998(2)MhLj634

..... . this has been said with reference to the provisions of the national insurance (industrial injuries) act, 1946 ..... . on the 8th june 1948, fresh application was filed on behalf of two detenus and the point urged in the second application was that the grounds and particulars that were supplied to the detenus under section 5 of the act were vague and as such, the detention of the applicants was illegal ..... . 1948 bom 326, this court was dealing with the case of a detenu malhari chikate who was detained on 5th june 1947 under a detention order issued under section 2(1)(a) of the bombay public security measures act, 1947 ..... ., on 20th july 1948, he referred the question to a larger bench as to whether the second application can be heard in the circumstances mentioned above ..... . 1948 bom 326 was before the constitution came into force but the second full bench decision of chagla, c.j ..... . 1948 bom 326, which we have discussed in para 24 above ..... had moved the first application under section 491 of the code and they could have also urged, if they so desired, that point before the court in the first application which was disposed of on 11th may 1948 ..... ., who dismissed the same on 11th may 1948 ..... . 1948 bom 326 an application for review would not lie but it was the right of the applicant to make an application for writ of habeas corpus under article 226 and it was contended that in view of that right, .....

ShamshuddIn (In Jail) Vs. State of U.P. and Others</B>

Court : Allahabad

Reported in : 1999(1)AWC193

..... so far as the submission of the learned counsel for the petitioner that there was no material to show that petitioner indulged in any act prejudicial to the public order between the period 20.9.1997 to 24.10.1997 when he was taken in custody, suffice it to say that from the material on record, it is manifest that there was heavy deployment of police ..... the case of harpreet kaur (supra) while considering sub-section (2) of section 3 of maharashtra prevention of dangerous activities of slumlords, boot-leggers and drug offenders act, 1981, which is para materia to subsection (3) of section 3 of the national security act, in para 22 held as under:'..... ..... in para 3 of the judgment on the basis of which the hon'ble court found that the acts may raise a problem of law and order and it was impossible to see their impact on public order ..... (v) the last submission of the learned counsel for petitioner was that under section 3(3) of the act, it was obligatory on the part of the detaining authority to mention the period of detention in the impugned order ..... that the case of detention of the petitioner shall be considered under section 10 of the act by advisory board and he may submit the representation within three weeks against his detention. ..... article 226 of the constitution of india has been filed challenging order dated 15.2.1998, passed by district magistrate, chandauli, directing detention of petitioner under section 3(2) of the national security act, 1980 (hereinafter referred to as the act). .....

Rajinder Singh @ Raju Vs. Union of India and ors.

Court : Delhi

Reported in : 1989(25)LC249(Delhi); ILR1989Delhi188

..... prevented from committing any crime, and that the detention order had been passed without the detaining authority arriving at any subjective satisfaction, to preventively b detain the petitioner by invoking of the provisions of national security act, and that the order had been passed mechanically when it was a fact that not only he had been already in custody since 12th november, 1987, but had not even sought bail and although ..... 'the supreme court struck down the detention order on the view that merely because an accused in custody as an under-trial prisoner was likely to get bail, an order of detention under the national security act should not ordinarily be passed and if the apprehension of the detaining authority was true, the bail application had to be opposed and in case bail was granted, challenge against that order in the higher forum has to ..... petitioner, rajinder singh @raju, was placed under detention in pursuance to an order of detention pasted by the commissioner of police, delhi on 13th may, 1988 in exercise of the power conferred by subsection (2) of section 3 of the national security act, 1980 (for short 'the act') with a view to prevent him from acting in a manner prejudicial to the maintenance of public order. ..... in that case which was also of detention under section 3 of the national security act, the detention order stated : 'at present you are detained in district jail, meerut and you are trying to come out on bail and there is enough possibility of your being .....

Mahamani Vs. the Union of India Rep. but Its Secretary Ministry of Hom ...

Court : Chennai

Reported in : 2000(1)CTC44

..... , if any, made by the person affected by the order, and in the case where the order has been made by an officer, also the report by such officer under sub-section (3) of section 3' section 10 of national security act, 1980 also contains similar provision relating to the reference to advisory board under national security act, the appropriate government shall place before the advisory board save as otherwise expressly provided in this ..... . state of uttarpradesh and another, 1984 scc (cri) 16 the supreme court while interpreting sections 10 and 11 of the national security act, in para 5 has held:'.........the argument put forward on behalf of the petitioner is that section 10 mandatorily enjoins the state government to take steps to see that the case of the detenu is considered by the ..... undoubtedly to be effective, but it does not carry with it the right to be represented by a legal practitioner before the advisory board merely because, by section 10 of the national security act, the representation made by the detenu is required to be forwarded to the advisory board for its consideration. ..... appreciation of the matter under reference, a critical examination of sections 8 to 12 of act 14 of 1982 as well as the national security act, 1980 (hereinafter referred to as 'act 65 of 1980') and article 22(5) of the constitution of india is necessary. ..... further it is worthwhile to refer to the relevant sections of national security act and act 14 of 82 which relates to reference to advisory board.17 .....

Suneel Roy Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 1999CriLJ697

..... its implications are deeper and it affects the even tempo of life and public order is jeopardized because the repercussions of the act embrace large sections of the community and incite them to make further breaches of law and order and to subvert the public order ..... petitioner was already in judicial custody and was detained in jail and thus there was no possibility of repeating the alleged act and the impugned order of detention passed during the period when the petitioner was in jail, was wholly unwarranted and unjustified ..... the allegations against the petitioner relate to assault on the police party which at the most may be a case of law and order and on the basis of this solitary act, it cannot be said that it caused disturbance to public order and even tempo of life of the community. ..... 2 district magistrate, pilibhit, under section 3(3) of national security act, 1980 (hereinafter referred to as the act).2. ..... breach of public order depends on its extent, and reach to the society, so long it is restricted to a particular individual or a group of individuals it breaches the law and order problem but if the effect and reach and potentiality of the act is so deep as to affect the community then it becomes breach of the public order. ..... sc 1143 it has been observed at page 1147 by hon'ble supreme court as under :the true distinction between the areas of 'public order' and 'law and order' lies not in the nature or quality of the act, but in the degree and extent of its reach upon society. .....

Smt. Padma Sahu Vs. State of Orissa and anr.

Court : Orissa

Reported in : 88(1999)CLT461; 1999CriLJ4269

..... pursuant to our direction, entire file was produced, grounds of detention reveal that several acts committed by the detenu are gruesome and are of such nature as were prejudicial to the maintenance of ..... padma sahu, mother of raju alias raj kishore sahu hereinafter referred to as 'detenu') has questioned the order of detention dated 26-11-1998 passed by the district magistrate, puri in purported exercise of power under section 3(2) of the national security act, 1980 (in short, the 'act').2. ..... on 'public order' and 'law and order' depends upon the nature of the act, the place where it is committed and motive force behind it. ..... preventive detention being necessary to prevent the detenu from acting in any manner prejudicial to the security of the state or to the maintenance of public order ..... necessarily, much depends upon the nature of the act, the place where it is committed and the sinister significance attached ..... but where the gravity of the act is otherwise likely to endanger the public tranquillity, it may fall within the orbit of the ..... in fact, order under section 12(1) of the act has been passed on 16-1-1999, with due intimation to ..... ghastly acts described in the grounds of detention leave no manner of doubt that public peace and tranquillity was affected by heinous acts of the detenu and the detaining authority was justified in ..... if the act is confined to an individual without directly or indirectly affecting the tempo of the life of the community, it may be a matter of law and .....

Almitra H. Patel and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : JT2000(2)SC341; 2000(1)SCALE568; (2000)2SCC166; [2000]1SCR841

..... all other concerned officials including sanitation superintendents/chief sanitary inspectors/sanitary inspectors/assistant sanitary inspectors/sanitary guides/medical officers to ensure that the relevant provisions of the dmc act, 1957, new delhi municipal council act, 1994 and the cantonments act, 1924 relating to sanitation and public health prohibiting accumulation of any rubbish, filth, garbage or other polluted obnoxious matters in any premises and/or prohibiting any person from depositing ..... one of the reasons for the sites not being made available, it was stated, was that land owning agencies like the dda or the government of national capital territory of delhi are demanding market value of the land of more than rupees forty lacs per acre before the land can be transferred to mcd ..... be identified bearing in mind the requirement of delhi for the next twenty years within a period of four weeks from today by the exercise jointly conducted by union of india through the ministry of urban development, government of national capital territory of delhi, commissioner, mcd and chairman, ndmc and other heads of statutory authorities like the dda etc. ..... we direct the government of national capital territory of delhi to appoint magistrates under section 20 and/or section 21 of the crpc for each board/circle/ward for ensuring compliance of the provisions of the mcd and ndmc acts and to try the offences specified there for in relation to littering and causing nuisance, sanitation and public .....

Harish and Others Vs. Kiranlata

Court : Mumbai Nagpur

..... before the judgment in the case of udai shankar awasthi (supra) was rendered, hon'ble apex court in the case of national bank of oman (supra) had propounded the same law. ..... the hon'ble apex court in the case of national bank of oman (supra) has also directed (paragraph 12) that the high court, instead of quashing the complaint in such a case, should remit the matter to the concerned magistrate for passing an order afresh in accordance ..... the distinction between the two kinds of offences is between an act or omission which constitutes an offence once and for all and an act or omission which continues, and therefore, constitutes a fresh offence every time or occasion on which it continues ..... in the case of a continuing offence, there is thus the ingredient of continuance of the offence which is absent in the case of an offence which takes place when an act or omission is committed once and for all. 7. ..... support, he places his reliance upon the cases of national bank of oman vs. ..... passed on 12th january, 2015, the learned 5th judicial magistrate, first class, akola has not followed the mandate of section 202 of the criminal procedure code, which has been newly amended by the amendment act, 2005 and, therefore, the order is vitiated. ..... the territorial jurisdiction of the court of judicial magistrate has been made mandatory under the newly amended section 202 of the code of criminal procedure, which has been inserted in the code of criminal procedure by act 25 of 2005 with effect from 23.6.2006. .....

Borjahan Gorey Vs. the State of West Bengal

Court : Supreme Court of India

Reported in : AIR1972SC2256; (1972)2SCC550; [1973]1SCR751; 1973(5)LC269(SC)

..... besides, the object and purpose of bringing the act on the statute book also clearly shows that in view of the prevailing situation in the country and the developments across the border in july, 1971 the need was felt for urgent and effective preventive action in the interest of national security and 'the act was retrospectively enacted to replace the maintenance of internal ..... this aspect somewhat elaborately so as to eliminate any misunderstanding of the true import of our decision and to exclude the possibility of any impression that the act vests in the authority arbitrary power to select one or the other course dealing with the same or exactly similarly situation.5. ..... a criminal court against a person merely for keeping the peace or for good behavior under chapter viii of the crpc, we may appropriately point out, is a jurisdiction distinct from that of detention under the act, which has in view, the object of preventing the detenu from acting in any manner prejudicial inter alia to the security of the state or maintenance of public order. ..... the grounds for the petitioner's detention duly communicated to him under section 8(1) of the act are:-(1) on 7-7-71 after 19.30 hours you and your associates asto patra, netai patra, habi khara and others terrorised the members, of the public, who assembled in the field of shri saraj ghosal ..... placed before the advisory board on november 1, 1971 as required by section 10 of the act and the said board made its report on december 10, 1971. .....