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Indian Express
30-07-2025
- Politics
- Indian Express
SC Justice Surya Kant inaugurates legal aid centre for armed forces families
Supreme Court Justice Surya Kant virtually inaugurated a specialised legal aid centre for armed forces personnel and their families on Monday, emphasising that those who fight for the country deserve 'justice and honour' while their families merit 'justice with dignity.' The program was organised by the High Court of Jammu and Kashmir and Ladakh in Srinagar. Under the NALSA Veer Parivar Sahayata Yojana, the inauguration of a dedicated legal aid centre for armed forces took place at the Sainik Welfare Department in Ghorpadi, coinciding with Kargil Vijay Diwas celebrations. The initiative was a collaborative effort between the National Legal Services Authority, Maharashtra State Legal Services Authority, District Legal Services Authority, Pune and the Maharashtra State Soldier Welfare Department. Speaking at the event, Pune Divisional Commissioner Dr. Chandrakant Pulkundwar said, 'The Legal Aid Centre is a step to honour soldiers and their families. It is an excellent example of administration, judiciary and social commitment working together.' He emphasised that providing timely and free legal aid with dignity is essential for military personnel and their dependents. Justice Mahendra K. Mahajan, principal district and sessions judge, Pune, said that around 50 percent of citizens are unaware of available legal aid schemes and government benefits. 'This especially includes the families of military officers and employees,' he said. 'Our soldiers do not retreat under any circumstances; they always stand to protect the country. Protecting them and their families is the true form of justice.' Secretary of Pune District Legal Services Authority Sonal Patil said, 'A soldier fights on the battlefield, but after him, his family's fight for justice begins. It is our duty to stand by them in that fight.' The centre will provide legal services, including advice on criminal, civil, service, and pension matters, assistance with accident and insurance compensation cases, guidance on property disputes, information about government schemes, free legal representation, and counselling services.
Indian Express
24-07-2025
- Politics
- Indian Express
‘Individual liberty must give way to national interest': J&K High Court dismisses Doda resident's habeas corpus petition
Where individual liberty comes into conflict with the security of the state, it must give way to the larger interest of the nation, the High Court of Jammu & Kashmir and Ladakh has held as it dismissed a petition challenging the detention of a 27-year-old youth from Doda under the Public Safety Act. A single-judge bench of Justice M A Chowdhary was hearing a habeas corpus petition by the detenu, Rehmatullah of Doda district's Desa Bhata, filed through his brother Mohammad Irfan. In his petition, the detenu challenged the November 9, 2024, detention order by the Doda district magistrate on the ground that it was primarily based on five FIRs – most of which he allegedly discharged. On the remaining FIR, he claims they are 'vague', a material fact allegedly 'concealed' from the detaining authority. It then goes on to allege that a representation filed on behalf of the petitioner on November 22, 2024, was neither considered expeditiously nor was its outcome conveyed to the detenu, and that, as a result, he could not make an 'effective and meaningful representation'' to the government. The government advocate, Eishaan Dadhichi, however, refuted the petitioner's arguments, saying that his representation was duly considered and found to be 'without merit'. He also argued that the detaining authority had seen the past FIRs against the detenu only in the background but relied primarily on four new ones between 2021 and 2024. Dismissing the petition, Justice M A Chowdhary observed that the grounds of detention clearly show that the detenu was an OGW (overground worker) and a 'militant sympathiser' who was detained under Public Safety Act in 2016. The new FIRs too showed his 'continuous involvement in criminal and anti-national activities without any respect of substantive law, thus posing serious threat to the security scenario of the UT of J&K, particularly, District Doda', Justice Chowdhary observed. 'Keeping in view the activities of the detenu, the Detaining Authority after due application of mind, by arriving at subjective satisfaction has issued the order of detention, which cannot be found fault with,' the court said. 'The power of preventive detention is a precautionary power exercised in reasonable anticipation. It may or may not relate to an offence. The order of preventive detention may be made before or during prosecution and the pendency of the prosecution is not a bar to an order of preventive detention and is also not a bar to prosecution,' he observed. In this case, the detaining authority – the district magistrate – had applied its mind by going through all the material, the past conduct of the detenu and 'arrived at subjective satisfaction that the activities of the detenu were prejudicial to the interest of the State and issued the order of detention', the court. 'Liberty of an individual has to be curtailed, within reasonable bounds, for the good of the society at large,' he said. 'In a democracy governed by the rule of law, the drastic power to detain a person without trial for security of the State and/or maintenance of public order, must be strictly construed. However, where individual liberty comes into conflict with an interest of the security of the State or public order, then the liberty of the individual must give way to the larger interest of the nation.'
India Today
01-05-2025
- Politics
- India Today
J&K High Court stays deportation of '4 Pak nationals', including CRPF constable
The High Court of Jammu and Kashmir and Ladakh has stayed the deportation of four people from Poonch, including a serving Central Reserve Police Force (CRPF) constable, who were alleged to be Pakistani interim relief came on April 29, when a bench of Justice Rahul Bharti ordered that the petitioners — residents of Salwah village in Poonch district — not be expelled from India until further notice. The petitioners had approached the court after being detained and facing imminent removal from the Union of the petitioners, Iftkhar Ali, is a CRPF constable. The family claimed they had been residing in India for decades, possessed land documents dating back to 2014, and were integrated into Indian society, with even a member serving in a government security force. Justice Bharti, citing prima facie material on record, including land revenue documents and official service records, ruled in favour of granting interim protection. "Prima facie case is made out. List on 20.05.2025 ... Meanwhile, petitioners be not asked or forced to leave UT of Jammu & Kashmir. This direction is, however, subject to objections from the other side," the court bench has directed the Deputy Commissioner of Poonch to file a detailed affidavit regarding the petitioners' landholdings and their legal status in the village. Respondent authorities have been given two weeks to file their case unfolded against the backdrop of a heightened diplomatic crackdown following the April 22 terrorist attack in Pahalgam's Baisaran Valley. In the aftermath, India ordered all Pakistani nationals to leave the country within 48 hours. The Ministry of External Affairs had set April 26 as the deadline for those under the SAARC Visa Exemption Scheme, and April 29 for those on medical matter will next be heard on May 20.
