Pranab Doley’s NSA detention rested on “stale cases”, the Gauhati High Court has held, quashing the order after finding that the authorities adopted “a short cut” instead of following due process, withheld key documents and left his second representation undecided. Guwahati: A detention order that leaned on 13 criminal cases, one ending in discharge and […]
MP High Court Quashes NSA Detention Order passed against an Indore man, holding that a detention order under the National Security Act that does not specify the period of detention is unsustainable in law. Indore: The Madhya Pradesh High Court at Indore has quashed a detention order passed by the District Magistrate, Indore, under Section […]
Lucknow or Noida? Journalist Satyam Verma says CCTV footage and call records place him in Lucknow on the day of the Noida violence, while the detention order alleges he incited workers to violence. The Allahabad High Court has now reserved judgment on his NSA detention habeas plea. Prayagraj: After hearing the parties on October 7 […]
Two questions have become tangled in the debate over the Supreme Court’s September 23 order in Medha Roopam v. Akriti Chaudhary: whether Justice Satish Chandra Sharma ought to have sat on the matter, and whether the stay he passed was legally sound. The answers, this analysis argues, point in opposite directions, the propriety concern deserves an institutional answer, but the stay on the compensation and strictures was close to inevitable on settled precedent.
The Supreme Court has stayed the operation of paragraphs 27 to 33 of the Allahabad High Court judgment that had directed the recovery of ₹5 lakh from the personal salary of Noida DM Medha Roopam, and recorded strictures against her, over a student’s quashed NSA detention. Issuing notice on her plea and a connected State petition, the Court stayed the strictures until the matter is heard on merits, and listed it for October 7.
The Supreme Court has reserved orders on a plea by Noida District Magistrate Medha Roopam challenging the Allahabad High Court’s direction to recover ₹5 lakh from her personal salary as compensation to a student whose National Security Act detention, over the Noida workers’ protest, the High Court quashed as based on a ‘concocted’ story. The State and the DM argued that the personal strictures and cost were unwarranted, and pressed for a stay. The student’s counsel opposed the plea.
The Madhya Pradesh High Court has set aside a National Security Act detention order, holding that it was vitiated by non-application of mind, as the District Magistrate had relied on stale cases and on cases in which the detenu had actually been acquitted, but which were shown as pending or ending in conviction. The Court reiterated that preventive detention requires a live and proximate link between past conduct and the apprehended breach of public order, and that a measure curtailing personal liberty demands strict adherence to its safeguards.
