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Anticipatory bail not to be given mechanically: SC

Anticipatory bail not to be given mechanically: SC

New Indian Express12 hours ago

NEW DELHI: Anticipatory bail in cases involving serious offences should not be given in a mechanical manner, the Supreme Court has said. A three-judge bench of Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta made the observation while setting aside an order of anticipatory bail to four accused persons in a murder case.
Observing that the Patna HC had 'clearly failed' to appreciate the gravity and nature of the allegations in the case, the court directed that the accused should surrender within eight weeks. The SC passed the order on hearing an appeal filed by the victim's son challenging the order granting these four persons the anticipatory bail.
'The order of the High Court (Patna) does not disclose any reasoning for granting anticipatory bail in a matter involving serious offences under Sections 302 (Murder) and 307 (Attempt to Murder) of the IPC,' said the bench.

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Himanta says drive to identify foreigners to be 'accelerated'; AAMSU protests 'harassment'
Himanta says drive to identify foreigners to be 'accelerated'; AAMSU protests 'harassment'

Hindustan Times

time34 minutes ago

  • Hindustan Times

Himanta says drive to identify foreigners to be 'accelerated'; AAMSU protests 'harassment'

Guwahati, Assam Chief Minister Himanta Biswa Sarma on Saturday asserted that the process of identifying illegal foreigners, which was "paused" due to NRC-related matters, will be accelerated, even as protests were witnessed in different parts of the state during Eid prayers on Saturday over "pushback" and "harassment" of minorities in the name of detecting illegal immigrants. Sarma maintained that the state government was looking into the details of an old law, which allows it to "push back" the declared infiltrators without having to mandatorily approach the judiciary. Speaking to reporters on the sidelines of a programme in Nalbari, Sarma said that a constitutional bench of the Supreme Court, while hearing a case on Section 6A of the Citizenship Act, had said that there is no legal requirement for the Assam government to always approach the judiciary in order to identify foreigners. "There exists an immigrants expel order, which is an old law. The Supreme Court has said that this law is in force and a deputy commissioner can give permission for immediate pushback under it," he maintained. "For whatever reason, our lawyers had not informed us and we too didn't know about it. The entire matter has come to light in the last few days. We will now discuss it further," he added. The chief minister said pushing back illegal migrants will continue, adding that the process of identifying foreigners, which had been paused due to NRC-related matters, will now be accelerated. "And when the identification of a foreigner happens, there will be no need to send the case to any tribunal. We will directly push them back. We have been preparing for it," he added. Sarma said the process of pushback will continue, though no person with a case pending before the court will be sent back. Meanwhile, members and supporters of the All Assam Minority Students' Union wore black badges and displayed placards against the purported recent pushback of Bangladeshis in the state. They carried out the protest in different parts, including Chirang and Jogighopa, after Eid namaz. AAMSU president Rejaul Karim Sarkar maintained that more intensified protests will be carried out if the government does not stop "harassment" of genuine citizens. "We have seen cases where the entire family is Indian but one member is taken away as an illegal foreigner. Such acts are against humanity. The government should stop harassment of genuine citizens, else we will carry out more agitations in a democratic manner," he said.

Preventive detention extraordinary power of state that must be used sparingly: SC
Preventive detention extraordinary power of state that must be used sparingly: SC

Time of India

timean hour ago

  • Time of India

Preventive detention extraordinary power of state that must be used sparingly: SC

New Delhi: Preventive detention is an extraordinary power in the hands of the state that must be used sparingly, said the Supreme Court as it set aside an order to detain a man indulging in money lending in Kerala . A bench of justices Sanjay Karol and Manmohan said the circumstances pointed out in the order by the detaining authority may be ground enough for the state to approach the competent courts for cancellation of bail in cases against him, but it cannot be said that the same warranted his preventive detention. "Therefore, the order of detention dated June 20, 2024, and the impugned judgment dated September 4, 2024, passed by the High Court of Kerala at Ernakulam are hereby set aside. In the attending facts and circumstances of this case, the appeal is allowed," the bench said in its order passed on Friday. Noting that the power of preventive detention finds recognition in the Constitution under Article 22(3)(b), the bench said, "The provision for preventive detention is an extraordinary power in the hands of the state that must be used sparingly. It curtails the liberty of an individual in anticipation of the commission of further offence(s), and therefore, must not be used in the ordinary course of nature." The bench said the contention of the detaining authority that the detainee, Rajesh, who used to run a private financing company called 'Rithika Finance', was violating the conditions of bail imposed upon him in the cases that have been considered for passing the order of detention. Live Events It said that pertinently, no application has been filed by the respondent in any of the four cases, alleging violation of such conditions, if any, and moreover, have not even been spelt out during the hearing of the case filed by his wife against the Kerala High Court order, which affirmed the preventive detention order of the Palakkad district magistrate. "Keeping in view the above expositions of law, we have no doubt that the order of detention cannot be sustained. The circumstances pointed out in the order by the detaining authority may be ground enough for the state to approach the competent courts for cancellation of bail, but it cannot be said that the same warranted his preventive detention. "We clarify that if such an application for cancellation of the detainee's bail is made by the respondent - state, the same must be decided uninfluenced by the observations made hereinabove," the bench noted. It referred to the provisions of the Kerala Anti-Social Activities (Prevention) Act, 2007, and said that the object of the statute was to provide for effective prevention of certain anti-social activities in the state. The bench said Section 2(j) of the state law defines 'goonda' as a person who indulges in activities that are harmful to the maintenance of public order, either directly or indirectly, and includes persons who are bootleggers, counterfeiters, drug offenders, and loan sharks, among others. The bench also said that under Section 3 of the Act, the district magistrate so authorised or the government may pass an order directing detention of a "known goonda" to prevent commission of antisocial activities within the state of Kerala. "Coming to the attending facts and circumstances, we are of the considered view that the exercise of power under Section 3 of the Act was not justified in law," the top court said, as it noted four cases lodged under the Kerala Money Lenders Act, 1958, cited by the police for recommending preventive detention to the district magistrate. The police stated that the detainee was a "notorious goonda" in the district and a threat to the society at large. Aggrieved by the order of his detention dated June 20, 2024, Rajesh's wife filed a writ petition before the Kerala High Court assailing the order and praying for a writ of habeas corpus to the state against the "illegal" detention of her husband. The high court on September 4 last year affirmed the order of preventive detention. Aggrieved by the order, the detainee's wife moved the top court challenging the decision. On December 10, 2024, the top court ordered the detainee to be released as his maximum period of detention under the Act was over. Economic Times WhatsApp channel )

Preventive detention extraordinary power of state that must be used sparingly: SC
Preventive detention extraordinary power of state that must be used sparingly: SC

Hindustan Times

timean hour ago

  • Hindustan Times

Preventive detention extraordinary power of state that must be used sparingly: SC

New Delhi, Preventive detention is an extraordinary power in the hands of the state that must be used sparingly, said the Supreme Court as it set aside an order to detain a man indulging in money lending in Kerala. A bench of justices Sanjay Karol and Manmohan said the circumstances pointed out in the order by the detaining authority may be ground enough for the state to approach the competent courts for cancellation of bail in cases against him, but it cannot be said that the same warranted his preventive detention. "Therefore, the order of detention dated June 20, 2024, and the impugned judgment dated September 4, 2024, passed by the High Court of Kerala at Ernakulam are hereby set aside. In the attending facts and circumstances of this case, the appeal is allowed," the bench said in its order passed on Friday. Noting that the power of preventive detention finds recognition in the Constitution under Article 22, the bench said, "The provision for preventive detention is an extraordinary power in the hands of the state that must be used sparingly. It curtails the liberty of an individual in anticipation of the commission of further offence, and therefore, must not be used in the ordinary course of nature." The bench said the contention of the detaining authority that the detainee, Rajesh, who used to run a private financing company called 'Rithika Finance', was violating the conditions of bail imposed upon him in the cases that have been considered for passing the order of detention. It said that pertinently, no application has been filed by the respondent in any of the four cases, alleging violation of such conditions, if any, and moreover, have not even been spelt out during the hearing of the case filed by his wife against the Kerala High Court order, which affirmed the preventive detention order of the Palakkad district magistrate. "Keeping in view the above expositions of law, we have no doubt that the order of detention cannot be sustained. The circumstances pointed out in the order by the detaining authority may be ground enough for the state to approach the competent courts for cancellation of bail, but it cannot be said that the same warranted his preventive detention. "We clarify that if such an application for cancellation of the detainee's bail is made by the respondent - state, the same must be decided uninfluenced by the observations made hereinabove," the bench noted. It referred to the provisions of the Kerala Anti-Social Activities Act, 2007, and said that the object of the statute was to provide for effective prevention of certain anti-social activities in the state. The bench said Section 2 of the state law defines 'goonda' as a person who indulges in activities that are harmful to the maintenance of public order, either directly or indirectly, and includes persons who are bootleggers, counterfeiters, drug offenders, and loan sharks, among others. The bench also said that under Section 3 of the Act, the district magistrate so authorised or the government may pass an order directing detention of a "known goonda" to prevent commission of antisocial activities within the state of Kerala. "Coming to the attending facts and circumstances, we are of the considered view that the exercise of power under Section 3 of the Act was not justified in law," the top court said, as it noted four cases lodged under the Kerala Money Lenders Act, 1958, cited by the police for recommending preventive detention to the district magistrate. The police stated that the detainee was a "notorious goonda" in the district and a threat to the society at large. Aggrieved by the order of his detention dated June 20, 2024, Rajesh's wife filed a writ petition before the Kerala High Court assailing the order and praying for a writ of habeas corpus to the state against the "illegal" detention of her husband. The high court on September 4 last year affirmed the order of preventive detention. Aggrieved by the order, the detainee's wife moved the top court challenging the decision. On December 10, 2024, the top court ordered the detainee to be released as his maximum period of detention under the Act was over.

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