Judgment Search Results Home > Cases Phrase: the delhi right of citizen to time bound delivery of services act 2011 Court: jammu and kashmir

Mohammad Aslam Dar Vs. State of J. and K. and anr.

Court : Jammu and Kashmir

Reported in : 1996CriLJ1391

..... sanction of law behind it and the law in this behalf is specific which is known as 'jammu and kashmir public safety act' and the source of said law is the very provisions of constitution which have ensured liberty of an individual, no-doubt with the rider that the parliament can enact laws to curb the liberties of individuals under the statute keeping under consideration the mandates of article 21 and 22 of the constitution and other relevant articles regarding liberty of an individual and other rights enjoyed by a citizen. ..... the provisions of section 8 of the j&k; public safety act, the detention order can be passed against the detenu with a view to preventing him from acting in any manner prejudicial to the security of the state or the maintenance of the public order or the maintenance of supplies and services essential to the life/community, by the government under sub- section (1) of section 8 and under sub-section (2) of section 8 by the divisional commissioner or the ..... the court has nothing but to presume otherwise and the presumption is that the grounds of detention have not been delivered to the detenu as alleged by him, in the language he understands and this non-delivery of grounds of detention in the language detenu understands has been held by the court, amounting to non- communication of grounds of detention, thereby the detenu has not been able to make a representation against his detention, which is a right guaranteed to him under sub-article (5) of article 22 of the .....

Naseema Firdous and ors. Vs. State of Jammu and Kashmir and ors.

Court : Jammu and Kashmir

..... and expression including freedom of the press is the most cherished fundamental right of a citizen under article 19 of the constitution of india, which ..... conduct any departmental enquiry against the petitioners until the criminal investigation regarding the alleged death of shakeela is investigated by the police and challan is presented in the court of law.ii) not to act on the report of the enquiry committee which had falsely and fraudulently implicated the petitioners in its report and ignore the said report in all respects till the final report is submitted in the court of law by the police agency.in the alternative,iii) to direct the respondents 1 to 3 to ..... the seriousness of the allegation and great public resentment at the time of the incident, it is the hospital administration who got a preliminary enquiry conducted into the incident to ascertain the prima facie merits of the allegation by five senior most doctors of government medical college, srinagar, who recorded a categorical finding of negligence of the doctors and identified the appellants to be the doctors responsible for the negligence which caused the ..... the clear opinion that this is one of those cases where on the basis of the report of the five-member panel, departmental inquiry should have been initiated forthwith and completed as expeditiously as possible and if the finding of the five-member panel was found to be correct, the services of the ..... the real victim in this case is the justice delivery system and the .....

Dr. Naseema Firdous and ors. Vs. State of Jandk and ors.

Court : Jammu and Kashmir

..... freedom of speech and expression including freedom of the press is the most cherished fundamental right of a citizen under article 19 of the constitution of india, which has to be very zealously guarded and ..... speech and expression is one of the most important fundamental rights of a citizen under article 19 of the constitution of india. ..... view of the seriousness of the allegation and great public resentment at the time of the incident, it is the hospital administration who got a preliminary enquiry conducted into the incident to ascertain the prima facie merits of the allegation by five senior most doctors of government medical college, srinagar, who recorded a categorical finding of negligence of the doctors and identified the appellants to be the doctors responsible for the negligence which caused the death of mst ..... we are of the clear opinion that this is one of those cases where on the basis of the report of the five-member panel, departmental inquiry should have been initiated forthwith and completed as expeditiously as possible and if the finding of the five-member panel was found to be correct, the services of the doctors concerned should have been done away ..... not to act on the report of the enquiry committee which had falsely and fraudulently implicated the petitioners in its report and ignore the said report in all respects till the final report is submitted in the court of law by the police agency. ..... the real victim in this case is the justice delivery system and the public .....