Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Preventive Detention

Wednesday, November 21, 2012
Preventive Detention

Preventive Detention — A detenu is not required to be treated in the same manner as a person arrested in connection with the commission of an alleged offence — Constitution of India, 1950, Article 22.

Preventive Detention

Preventive Detention — Whether a detenu is entitled to receive a copy of the grounds of detention even though he had not been actually apprehended and detained pursuant to such detention order? — Held, no — Provisions of Section 3 of the R.T.I. Act, 2005, cannot be applied to cases relating to preventive detention at the pre-execution stage — The State is not under any obligation to provide the grounds of detention to a detenu prior to his arrest and detention — Constitution of India, 1950, Article 22(5) — Right to Information Act, 2005, Section 3.

Monday, January 23, 2012
Preventive Detention

Preventive Detention — An individual incident of an offence under the Indian Penal Code, however heinous, is insufficient to make out a case for issuance of an order of preventive detention.

Friday, May 13, 2011
Preventive Detention

Preventive Detention — To prevent misuse of this potentially dangerous power the law of preventive detention has to be strictly construed and meticulous compliance with the procedural safeguards, however, technical, is mandatory and vital.

Preventive Detention

Preventive Detention — Whenever an order under a preventive detention law is challenged one of the questions the court must ask in deciding its legality is : Was the ordinary law of the land sufficient to deal with the situation ? If the answer is in the affirmative, the detention order will be illegal — Constitution of India, 1950, Article 22(3)(b).

Friday, December 11, 2009
Preventive Detention

Preventive detention — Held, preventive detention is not punitive but a precautionary measure — The object is not to punish a person, but to intercept or prevent him from doing any illegal activity — Its purpose is to prevent a person from indulging in activities, such as smuggling and such other anti social activities as provided under the preventive detention law — Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.


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