Court : House of Lords
..... warrant to the serious fraud office. the powers to obtain search warrants under the prevention of terrorism (temporary provisions) act 1989 were similar to those in pace and contained similar protection in respect of documents covered by lpp. the same is true of the terrorism act 2000. the power of a circuit judge to make an access order under ..... in a police station in england, wales or northern ireland to a private consultation with a solicitor under para 7(1) of schedule 8 to the terrorism act 2000 act, unless a direction is given under para 9 that this is to be in the sight and hearing of a qualified officer, is matched in scotland ..... any of the following statutory provisions: (a) article 59 of the police and criminal evidence (northern ireland) order 1989; (b) paragraph 7 of schedule 8 to the terrorism act 2000; and (c) rule 71 of the prison and young offenders centre rules (northern ireland) 1995 by permitting covert directed surveillance of such onsu1tations? 2. do paragraphs 3 .....
Tag this Judgment!Court : Supreme Court of India
..... criminal) the three meaningful questions which require our consideration are: (1) when can the provisions of section 3(1) of the terrorist and disruptive activities (prevention) act, 1987 (hereinafter referred to as the tada) be attracted?. (2) is the 1993 amendment, amending section 167(2) of the code of criminal procedure ..... there are serious allegations against the respondent zahoor ahmad shah watali (accused no.10) of being involved in unlawful acts and terror funding in conspiracy with other accused persons; he had acted as a conduit for transfer of funds received from terrorist accused no.1 hafiz muhammad saeed, isi, pakistan high ..... the documentary evidences seized during various searches such as letters of the banned terrorist organizations seeking financial assistance from the hurriyat leaders, blank letterheads of terror organisations, conversations between hafiz saeed @ burhan wani, hafiz saeed and asiya andrabi, support extended by hafiz saeed and syed salahuddin to the protest .....
Tag this Judgment!Court : Supreme Court of India
..... cannot be checked and controlled under the ordinary law of the land. disruptive activities have been defined in clause 2(b) as the act deals to prevent the menace of terrorism. terrorism means use of violence when its most important result is not merely the physical and mental damage to the victim but the prolonged ..... not make any distinction between the offence punishable under ipc or punishable under any local or special law. the terrorist and disruptive activities (prevention) act, 1987:363. the terrorist and ".disruptive activities (prevention) act, 1985, was enacted in may, 1985, in the background of escalation of terrorist activities in many parts of the country at that ..... the knowledge and intention that it could cause damage to the public property, the appellant committed an offence punishable under section 4 of prevention of damage to public property act, 1984 read with sections 511 and 34 of ipc. at head eighthly; the appellant was an accessory in causing explosion by explosive .....
Tag this Judgment!Court : Delhi
..... as accused no.13 in the supplementary chargesheet filed under section 120b of the indian penal code and sections 17 and 21 of the unlawful activities (prevention) act, 1967; that vide impugned order, the learned trial court erroneously and wrongly took cognizance against the appellant holding that there are sufficient grounds to proceed ..... contemplated by the provisions of tada, merely on the statement of the investigating agency to the effect that the consequence of the criminal act resulted in causing panic or terror in the society or in a section thereof. such orders result in the misuse of tada. the parliament, through section 20a of crl ..... documents were seized from the house of his cashier-cum-accountant viz. ghulam mohd. bhatt indicating that he was receiving foreign contribution from pakistani establishment and terror organisations and their further remittance to the hurriyat leaders and secessionists of jammu & kashmir, which points towards that he was an active channel to transmit .....
Tag this Judgment!Court : Karnataka
..... text:36. requisition given by the investigating officer dated 28.11.2022 to pass an order under section 8(2) of the religious institutions (prevention of misuse) act, 1988 is allowed. accused no.1 is restrained from exercising the powers or discharging the duties of sjm mutt and other institutions running under the ..... legislature has expressed its intent. therefore there is force in the vehement submission of mr.nagesh that the 1988 act mainly focuses on serious & distinct acts of nefarious designs that have something to do with secessionist tendencies, terrorism, or such other offences, ejusdem generis. this view gains support from the texture & architecture of the ..... it is a fair presumption that parliament s policy or intention is directed to that state of affairs . (iii) the 1988 act came to be enacted by the parliament when there was terrorism & turmoil in the 30 state of punjab and around perpetrated by an unscrupulous individuals attempting to threaten the sovereignty & integrity of .....
Tag this Judgment!Court : Karnataka
..... text:36. requisition given by the investigating officer dated 28.11.2022 to pass an order under section 8(2) of the religious institutions (prevention of misuse) act, 1988 is allowed. accused no.1 is restrained from exercising the powers or discharging the duties of sjm mutt and other institutions running under the ..... legislature has expressed its intent. therefore there is force in the vehement submission of mr.nagesh that the 1988 act mainly focuses on serious & distinct acts of nefarious designs that have something to do with secessionist tendencies, terrorism, or such other offences, ejusdem generis. this view gains support from the texture & architecture of the ..... it is a fair presumption that parliament s policy or intention is directed to that state of affairs . (iii) the 1988 act came to be enacted by the parliament when there was terrorism & turmoil in the 30 state of punjab and around perpetrated by an unscrupulous individuals attempting to threaten the sovereignty & integrity of .....
Tag this Judgment!Court : US Supreme Court
..... will say we can but try. the united states courts are further above mere local influence than the county courts; their judges can act with more independence, cannot be put under terror, as local judges can; their sympathies are not so nearly identified with those of the vicinage; the jurors are taken from the ..... decision in collins v. hardyman, 341 u. s. 651 , can properly be viewed as determining the scope of the provision of 1985 which refers to conspiring "for the purpose of preventing . . . the constituted authorities of any state . . . from giving . . . the equal protection of the laws. . . ." not only did the court specifically disclaim ..... reach only the ku klux klan or other substantially organized group activity, as distinguished from what its words seem to include, any conspiracy of two persons with "the purpose of preventing or hindering the constituted authorities of any state . . . from giving or securing to all persons within such state . . . the equal protection of the laws. . .....
Tag this Judgment!Court : House of Lords
..... which it paid to law discovered the odium of its procedure to the world. but the so-called principle - the principle of prevention, the comprehensive principle - avoids the odium of that brutality of the terror. the analogy is with a practice, more silent, more sinister - with the lettres de cachet of louis quatorze. no trial ..... the forces of his allies" are introduced in the latter after the words "his majesty's forces." now the only way contemplated in the earlier act of preventing persons from doing something prohibited by the regulations, or omitting to do something enjoined by them, is by trial and punishment before courts-martial. the ..... authorize the trial in defined ways and the punishment of persons committing offences against the regulations, and in particular against any of the provisions of regulations designed to prevent certain acts or secure certain results described under five heads ( a ) to ( e ). this is a section (1.) empowering the issue of regulations for a defined .....
Tag this Judgment!Court : US Supreme Court
..... the human race. the brief of counsel for the prisoner furnishes us with the statutory history of solitary confinement in the english law. act 25 geo. ii. c. 37, entitled "an act for better preventing the horrid crime of murder," is preceded by the following preamble: "whereas, the horrid crime of murder has of late been more ..... the jail, the single authorized access of counsel was subject to jail regulations. it is not to be assumed that either regulations would be unreasonable, or operate to prevent access at any proper time. surely, when all who ought to see the condemned have a right of access, subject to the regulations of the prison, it ..... frequently perpetrated than formerly, . . . and whereas it is thereby become necessary that some further terror and peculiar mark of infamy be added to the punishment .....
Tag this Judgment!Court : Chennai
Reported in : 2004(1)CTC641
..... no. 1238 of 2004, the constitutionality of sub-sections 4, 5, 6 and 7 of section 60 of prevention of terrorism (amendment) act, 2003 (central act 4 of 2004) is questioned. the above act is hereinafter referred to as 'pota-2004'. the same was preceded by the prevention of terrorism (amendment) ordinance, 2003, promulgated on 27.10.2003. the said ordinance was replaced by pota - 2004. in ..... ordinance.2. pota was first enacted in the year 2002, which was also preceded by an ordinance. pota was enacted to contain terrorism and the incidental acts thereto and, in fact, has been modelled on the terrorists and disruptive activities (prevention) act, 1987, hereinafter referred to as 'tada'. as the tenure was fixed for such enactments starting from 1984, the central government thought it .....
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