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Ram Singh Vs. State of Rajasthan

Court : Rajasthan

Reported in : 1987(2)WLN394

..... section 8 of the national security act, 1980 and the prevention of black-marketing and maintenance of supplies of essential commodities act, 1980, which are identical, are restatements of the safe-guards provided in clause ..... in the case of bishwa mohan kumar sinha (supra), as early as in 1974, the learned judges of patna high court, while construing the identical provisions of section 8 of the maintenance of internal security act 1971, held that the reasons for the exceptional circumstances for not furnishing the grounds of detention to the detenu should be communicated to him if the grounds of detention could not ..... communicated to him along with the grounds of detention (annex-2); (b) whether the delay occasioned beyond five days was on account of 'exceptional circumstances' is open to judicial review by this court and this court can examine whether there were 'exceptional circumstances' for not communicating the grounds of detention detenu within five days; and (c) the grounds urged by the state that there was huge rush of ..... exceptional circumstances for not communicating the grounds of detention to the detenue within 5 days, is open to judicial review by this court & this court can examine whether there were exceptional circumstances which occasioned in delay after the expiry of five days. mr. ..... for these reasons we approve of the view ultimately taken by the patna high court in the two decisions cited above, particularly the decision in bishwa mohan kumar sinha' s case, where .....

Vijay NaraIn Singh Vs. State of Bihar and ors.

Court : Supreme Court of India

Reported in : AIR1984SC1334; 1984(32)BLJR348; 1984CriLJ909; 1984(1)Crimes914(SC); 1984(1)SCALE736; (1984)3SCC14; [1984]3SCR435

..... . following the decision in shibban lal saksena's case, the court in kamlakar prasad chaturvedi's case, supra, by a majority of 2 : 1 held the detention order dated may 6, 1983 passed by the district magistrate under section 3(2) of the national security act, 1980 to be invalid inasmuch as some of the grounds were found to be too remote and ..... held that merely because there was pending prosecution and the accused were in jail, that was no impediment for their detention under section 3(2) of the national security act, 1980 if the detaining authority was satisfied that their being enlarged on bail would be prejudicial to the maintenance of public ..... for the national security or for the maintenance of public order must be the sole judges of what the national security or public ..... with the view that 'those who are responsible for the national security or for the maintenance of public order must be the sole judges of what the national security or public order requires. ..... gujral, : 1979crilj469 when the liberty of the subject is involved, whether it is under the preventive detention act or the maintenance of internal security act or the conservation of foreign exchange & prevention of smuggling activities act or any other law providing for preventive detention:it is the bounden duty of the court to satisfy itself that all the safeguards provided by the law have been scrupulously observed and that the subject is not deprived of his personal ..... summary of the relevant provisions of the .....

N. Ajimeer Khan Vs. District Collector and the District Magistrate, Ra ...

Court : Chennai

Reported in : 1995(1)ALT(Cri)144; 1994CriLJ2670

..... the learned counsel for the petitioners, while referring to the decision reported in : 1972crilj1010 (supra), has pointed out that section 3 of the west bengal (prevention of violent activities) act, presidents act 19 of 1970, is more specific in listing out the nature of activities considered to be amounting to violation of public order, unlike the provisions of the national security act, 1980 and in the absence of such specification only a restricted construction is called for. ..... sukhpal singh, : 1990crilj584 , it was held as hereunder :- '(8) the learned attorney general of india for the appellant assailing the findings of the high court submits that the high court's finding that there was no subjective satisfaction of the detaining authority simply because no criminal case was registered against the detenu for his public speeches is erroneous both in law and facts. ..... there is no reason why the executive cannot take recourse to its power of preventive detention in those cases where the court is genuinely satisfied that no prosecution could possibly succeed against the detenu because he is a dangerous person who has overawed witnesses or against whom no one is prepared to depose'. 15. ..... we consider it wholly unnecessary to deal with the above decisions individually for the reason that a reference to the later decision of the supreme court of india wherein the apex court reiterated and restated the law on the subject would sufficiently serve our purpose. .....

Smt. Moirangthem Ongbi Baby Alias Bibi Devi Vs. Union of India (Uoi) a ...

Court : Guwahati

..... in this writ petition, the petitioner has assailed the detention of the detenu mainly on two grounds namely (1) that the detaining authority failed to comply with the mandatory requirement under section 14 of the national security act, 1980 read with article 22(5) of the constitution, and (2) that the subjective satisfaction of the authority about the necessity of passing the detention order for detaining the detenu who was ..... detention in prison involves the fundamental rights of citizen, freedom of movement and pursuit of normal life and liberty, no absolute immunity can be claimed by the respondents as to the decision arrived and it is open to the courts to see whether there has been due and proper application of mind and that all the relevant and vital materials for the purpose have been noticed, adverted to and considered.'16. ..... counsel for the petitioner while supporting the contention of the petitioner on this point has drawn attention of this court to the detention order and submitted that the petitioner was arrested on 9-1-2004 and he was remanded to police ..... 7(1)2004 under section 10/13 ua(p) act and has applied for bail and the court is likely to release him on and for which ..... district magistrate, dhanbad reported in 1986 (4) scc 416 : 1986 cri lj 1959 the apex court held that (at page 1062 ..... taking into consideration, the above laws laid down by the apex court, we may now examine the merits of the case with regard to the detention of the petitioner and about non-application .....

Sri Anil Samal Vs. State of Orissa and ors.

Court : Orissa

Reported in : 2006(II)OLR480

..... 127 of 2004 was served with an order of detention issued under sub-section (2) of section 3 of the national security act, 1980 (for short, 'the act') on 3.12.2005. ..... area and surrounding areas.in order to restrain you from all these unlawful and illegal activities, it is felt proper to take action against you under subsection -(2) of section 3 of national security act, 1980. ..... the ground as stated in the grounds of detention appears to be that apprehending that the petitioner might be released on bail in the third case also, it was required to detain him under the national security act, 1980. ..... in the case of bijoy kumar panda (supra) this court while considering delay in disposal of the representation for about one month which was not properly explained by the government, held that the impugned detention order deserves to be quashed on that ground.9. ..... applying the tests laid down by the supreme court to the above facts of the case, we find that the order of detention passed against the petitioner in the present case cannot be upheld on this ground alone.8. ..... district magistrate, dhanbad : 1986crilj1959 , the supreme court while considering an order of detention passed on the ground that the petitioner in the said case if released on bail would involve himself in activities prejudicial to the maintenance of public order held as follows:7. ..... 170/04 has been moved in the court of hon'ble sessions judge, dhenkanal vide blapl no. .....

Martins Hans Peter Vs. Union of India and Others

Court : Delhi

Reported in : 33(1987)DLT133; 1987(32)ELT297(Del)

..... district magistrate, dhanbad, bihar and others, : 1986crilj1959 , held as under :- 'where the order of detention under section 3(2) of the national security act was served upon the detenu, when he was already in jail in respect of a murder case and there was no indication that this factor or the question that the said detenu might be ..... is that the detaining authority had duly kept in mind the fact that the detenu was granted bail by the high court of calcutta on 30-9-1986, but having failed to furnish the requisite sureties, he was remanded to judicial custody. 13. ..... was arrested u/s 104 of the customs act on 7-8-1986 and produced before the learned chief judicial ..... the statements of auer raimund joseph berheard and regainald clyde fulton were recorded again on 9-10-1986 but in this, they only confirmed their recorded again on 9- 10-1986 but in this, they only confirmed their previous statements recorded on the day of the ..... to your government regarding the smuggling of gold by two nepalese as started in my earlier pages, who arrived on 6-8-1986 at calcutta airport by tg-313, but unfortunately, nobody picked up the receiver and thus my honest effort went in ..... discloses, 'there is no undue delay in passing the order which was passed on 3-11-1986, thus being passed in less than 3 months from the date of the incident. ..... the contention of the learned counsel for the respondent is that court cannot over look the fat of the petitioner having been found in possession of contraband gold when .....

Sunil Baburao Shirsat Vs. Satish Sahney, Commissioner of Police for Gr ...

Court : Mumbai

Reported in : 1996(4)BomCR370; 1996CriLJ2489; 1996(2)MhLj765

..... 1 detaining the petitioner under section 3(2) of the national security act, 1980 cannot be sustained in law and consequently, we quash the same and direct that the petitioner be released forthwith unless wanted in some other case. ..... 1) detaining him under section 3(2) of the national security act, 1980. 2. ..... 16/94 at police station kurla under section 302/34 ipc read with section 3, 25, 27 of the arms act read with section 37(a)(i) of the bombay police act was registered; (ii) the second incident is alleged to have taken place on 6th may, 1994 and on the basis of the same, c.r. no. ..... on its basis, a case under section, 3, 25 of the arms act was registered at police station, dadar against the petitioner. 3. ..... state of maharashtra' : 1982crilj150 the apex court has observed thus (para 6) :- 'delay ipso facto in passing an order of detention after an incident is not fatal to the detention of a person, for in certain cases delay may be unavoidable and reasonable. ..... 929/1994 came to be registered under section 3 and 25 of the indian arms act. in c.r. no. ..... 203/94 under section 387, read with 34 ipc was registered next day (on 7th may, 1994) at 3 p.m. .....

L.K. Koolwal Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR1988Raj2; 1987(1)WLN134

..... the state can impose and should impose the reasonable restrictions in the matter like other fundamental rights where it affects the national security and any other allied matter affecting the nation's integrity. ..... we can call article 51a ordinarily as the duty of the citizens, but in fact it is the right of the citizens as it creates the right in favour of the citizen to move to the court to see that the state performs its duties faithfully and the obligatory and primary duties are performed in accordance with the law of land. ..... taking into consideration the serious allegations made in the affidavits and spontaneous submissions made by some of the eminent members of the bar in the court during the course of argument as well as taking into consideration the report of the commissioner, which is the foundation for arriving at the conclusion, i am of the view that the problem of sanitation is very acute in jaipur city and it is ..... submitted that some steps have been taken by the municipality, but the taking of some steps will not suffice and the directions should be issued to the municipality to see that the provisions of clauses (c) and (d) of section 98 of the municipal act are implemented in its true spirit. ..... it has been made very clear that it is not the duty of the court to see whether the funds are available or not and it is the duty of the administrator, municipal council to see that the primary duties of the municipality are fulfilled. .....

K.P. Shankerlingam Vs. Union of India and anr.

Court : Mumbai

Reported in : (1960)62BOMLR1

..... after certain inquiries hald under central civil service (safe-guarding of national security) rules 1949 the services of the petitioner were terminated. ..... pertitioner challenged the order of termination inter alia on the ground that there was nothing in the whole record before the court to show that after making the dur inquiry under rule 4 the competent authorit had come to the conclusion that the petitioner's retention in service was prejudicial to national security. ..... after considering all the provisions and the decisions of the privy council in the cases of venkat rao and ranganchari it was first held that'there was no doubt that if the government of india act was in force and the court had to consider the provisions of sections 240 and 241 the plaintiff's suit would not be maintainable'. ..... it was found as mtter of fact that the conditions precedent to th retrenchment of the petitioner as laid down in section 25f of the act hd not been complied with. ..... is hardly any difference in the provisions as regards tenure of office between section 96b of the government of india act, 1915 and art. ..... the relevant part of section 96b provided that'subject to the provisions of this act and of rules made thereunder, every person in the civil service of the crown in india holds office during his majesty's pleasure ..... the contention of the plaintiff appellant before the privy council in the case of venkat rao was based on the provisions of section 96b of the government of india act, 1915. .....

Lakshmi Kant Pandey Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : AIR1984SC469; 1984(1)Crimes542(SC); 1984(1)SCALE159; (1984)2SCC244; [1984]2SCR795

..... secondly it would be almost impossible for the court to satisfy itself that the foreigner who wishes to take the child in adoption would be suitable as a parent for the child and whether he would be able to provide a stable and secure family life to the child and would be able to handle trans-racial, trans-cultural and trans-national problems likely to arise from such adoption, because, where the application for adopting a child has not been sponsored ..... section 4 sub-section (5) clause (a) defines the 'court' to mean the district court having jurisdiction to entertain an application under the act for an order appointing or declaring a person to be a guardian and the expression 'district court' is defined in sub-section (4) of section 4 to have the same meaning as assigned to it in the cpc and includes a high court in the exercise of its ordinary original civil jurisdiction. ..... minor, duly attested by the person having custody of the minor at the time; (ii) if the court is satisfied that there is no ground for proceedings on the application, it shall fix a day for the hearing there of and cause notice of the application and of the date fixed for the hearing on the person and in the manner mentioned in section 11, guardians and wards act, 1890 as also to the general public and the secretary of the indian council of child .....