Supreme Court of India Judgements

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Category: Preventive Detention

Preventive Detention

Telangana Prevention of Dangerous Activities of Boot-Leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders Land-Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act, 1986 – Section 3(2) – Power to make orders detaining certain persons – The court examined the definitions of “public order” and “Goonda” under the Act, emphasizing the need for activities to adversely affect the community at large to be considered prejudicial to public order – The court upheld the preventive detention order, concluding that the appellant’s activities did indeed affect public order and that the detention was necessary to prevent further harm to society.

Mar 25, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH NENAVATH BUJJI ETC. — Appellant Vs. THE STATE OF TELANGANA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI., J.B. Pardiwala…

Preventive Detention

(COFEPOSA) – Section 3 – Detention order – Right of detenue to make representation – – No error in the procedure adopted by the respondents as due compliance was made to translate all documents in Bengali apart from persuading the detenue to receive them – In addition, the panchnama was signed by the independent witnesses – Detenue also read the grounds of detention and the relevant documents – Therefore, he was well aware of his right to make a representation – Order of detention is upheld – Appeal dismissed

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SARFARAZ ALAM — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : M.M. Sundresh and Aravind Kumar, JJ. ) Criminal Appeal…

Preventive Detention

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) – Sections 3, 9 and 12A – Detention order – Applicability of Section 9 and Section 12A of COFEPOSA – Order of detention had not been revoked on the report of the Advisory Board or before the receipt of the report of Advisory Board or before making a reference to the Advisory Board –

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THANESAR SINGH SODHI (D) THR. LRS. AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Vikram Nath and…

Preventive Detention

An order of detention under section 3(1) of the Act can only be issued against a detenu to prevent him “from acting in any manner prejudicial to the maintenance of public order”. “Public order” is defined in the Explanation to section 2(a) of the Act as encompassing situations that cause “harm, danger or alarm or a feeling of insecurity among the general public or any section thereof or a grave wide-spread danger to life or public health” – Order of detention quashed.

Sep 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AMEENA BEGUM — Appellant Vs. THE STATE OF TELANGANA AND OTHERS — Respondent ( Before : Surya Kant and Dipankar Datta, JJ. ) Criminal…

Preventive Detention

In cases where illegible documents have been supplied to the detenue, a grave prejudice is caused to the detenue in availing his right to send a representation to the relevant authorities, because the detenue, while submitting his representation, does not have clarity on the grounds of his or her detention- no man can defend himself against an unknown threat – Detention order is liable to be set aside – Appeal allowed.

Apr 14, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRAMOD SINGLA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Krishna Murari and V. Ramasubramanian, JJ. ) Criminal Appeal…

Constitution Preventive Detention

Right to make representation is a fundamental right of the detenu under Article 22(5) of the Constitution and supply of the illegible copy of documents which has been relied upon by the detaining authority indeed has deprived him in making an effective representation and denial thereof will hold the order of detention illegal and not in accordance with the procedure contemplated under law.

Oct 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF MANIPUR AND OTHERS — Appellant Vs. BUYAMAYUM ABDUL HANAN @ ANAND AND ANOTHER — Respondent ( Before : Ajay Rastogi and…

Narcotics Preventive Detention

Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 – Section 3(1) – that the detenu had been released on bail by the Special Court despite the rigours of Section 37 of the NDPS Act, 1985, had not been brought to the notice of detaining authority – Detention order quashed – Appeal allowed.

Oct 5, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH SUSHANTA KUMAR BANIK — Appellant Vs. STATE OF TRIPURA AND OTHERS — Respondent ( Before : Uday Umesh Lalit, CJI, S. Ravindra Bhat and…

Preventive Detention

Constitution of India, 1950 – Article 22(4) – National Security Act, 1980 – Section 3(2) – Disaster Management Act, 2005 – Section 53 – Epidemic Diseases Act, 1897 – Section 3 – Penal Code, 1860 (IPC) – Sections 274, 275, 308, 420 and 120B -Failure in timely communication of the rejection of representation is a relevant factor for determining the delay that the detenu is protected against under Article 22(5) – Based on the precedents of this Court – Failure of the Central and the State Government to communicate the rejection of the appellant’s representation in a time-bound manner is sufficient to vitiate the order of detention – Order of detention quashed and set aside – Appeal allowed.

Nov 4, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH SARABJEET SINGH MOKHA — Appellant Vs. THE DISTRICT MAGISTRATE, JABAIPUR AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Vikram Nath and…

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