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Supreme Court Slams Misuse of UP Gangsters Act, Demands Accountability from Uttar Pradesh Government

Trending Today Supreme Court Slams Misuse of UP Gangsters Act, Demands Accountability from Uttar Pradesh Government Delhi High Court Orders Ghadi Detergent to Remove Disparaging Surf Excel Remarks from Ads Supreme Court Petition Seeks Immediate Suspension of Air India’s Boeing Fleet Over Safety Concerns Supreme Court Refuses Urgent Listing of Hany Babu’s Bail Clarification Plea in Bhima Koregaon Case Supreme Court Clarifies Azure–PPL Copyright Stay: No Impact on Third Parties Bombay High Court Quashes 306 IPC FIR in Loan-Linked Suicide Case, Cites Lack of Instigation Punjab–Haryana High Court Rejects PIL Against Online Betting Ads, Citing Statutory Remedies Under Gambling Law Supreme Court Reserves Interim Order on Waqf (Amendment) Act, 2025: Key Legal and Constitutional Highlights HDFC Bank CEO Sashidhar Jagdishan Moves Bombay HC to Quash FIR in ₹2 Crore Bribery Case Filed by Lilavati Trust IPS Officer’s Husband Arrested in ₹7.2 Crore BMC Redevelopment Scam: Mumbai EOW Crackdown Sparks Integrity Debate Supreme Court Slams Misuse of UP Gangsters Act, Demands Accountability from Uttar Pradesh Government KASHISH JAHAN 25 June 2025 The Supreme Court of India has reprimanded the Uttar Pradesh government for misuse of the UP Gangsters Act, raising crucial concerns about preventive detention, civil liberties, and legal reform in India. Supreme Court of India Slams Misuse of UP Gangsters Act In a significant move for the protection of civil liberties, the Supreme Court of India has strongly criticized the Uttar Pradesh government for its rampant misuse of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act. This landmark intervention could influence how preventive detention laws are enforced across the country. Widespread Abuse of Preventive Laws in Uttar Pradesh Multiple petitions filed in the Supreme Court exposed an alarming pattern: ordinary citizens—such as farmers, small traders, and activists—were charged under the UP Gangsters Act without any legitimate evidence of involvement in organized crime. Petitioners alleged that the Act had been weaponized to target political opponents, settle personal vendettas, and suppress dissent. Shockingly, data revealed that over 70% of those arrested under the Act were eventually acquitted or had charges dropped due to lack of evidence. Justice Sanjiv Khanna Raises Red Flags The bench, headed by Justice Sanjiv Khanna, voiced serious concern about the growing misuse of preventive laws. Originally designed to counter organized criminal activities, the law had been distorted to unjustly detain innocent civilians. The court directed the state government to submit a list of all cases filed under the Act over the past five years, along with the justification for each arrest. It also indicated that it may issue formal guidelines to restrict the arbitrary use of such draconian laws. Constitutional Implications and Fundamental Rights This case brings into sharp focus the conflict between national security interests and the fundamental rights enshrined under Part III of the Constitution of India. According to legal experts, the final ruling may clarify constitutional boundaries on the state’s power to implement preventive detention and provide stronger protections against wrongful incarceration. It also renews urgent calls for police reforms and greater judicial oversight of executive power. What Happens Next? The Supreme Court will revisit the matter in July 2025, at which point it will examine the data provided by the Uttar Pradesh government. Civil rights activists are optimistic that the case will lead to meaningful legal reform and greater transparency in the use of laws that enable preventive detention. Leave a Reply Cancel Reply Logged in as Sada Law. Edit your profile. Log out? Required fields are marked * Message* Live Cases Supreme Court Slams Misuse of UP Gangsters Act, Demands Accountability from Uttar Pradesh Government Sada Law • June 25, 2025 • Live cases • No Comments Delhi High Court Orders Ghadi Detergent to Remove Disparaging Surf Excel Remarks from Ads Sada Law • June 25, 2025 • Live cases • No Comments Supreme Court Petition Seeks Immediate Suspension of Air India’s Boeing Fleet Over Safety Concerns Sada Law • June 25, 2025 • Live cases • No Comments 1 2 3 … 5 Next »

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Supreme Court Slams Misuse of Preventive Detention After Bail Grant in Kerala Case

Trending Today Supreme Court Slams Misuse of Preventive Detention After Bail Grant in Kerala Case Supreme Court Directs Streamlined Implementation of RTI Act for Easier Access to Information Remission Shouldn’t Be Denied Solely on Reports of Presiding Judge or Police: Supreme Court Lays Down Factors for Premature Release Supreme Court Issues 12 Key Directions for Speedy Trial of Civil Cases ED Cannot Invoke PMLA Without Scheduled Offence: Supreme Court in Pavana Dibbur Case Maternity Benefits Must Extend Beyond Contract Period: Supreme Court Landmark Ruling Secunderabad Club v. Commissioner of Income Tax-V (2023): Supreme Court Rules Interest Income on Bank Deposits Taxable Devesh Sharma v. Union of India (2023): Supreme Court Rules B.Ed. Holders Ineligible for Primary Teaching Posts Salib v. State of Uttar Pradesh (2023): Supreme Court Denies Plea to Quash Criminal Intimidation FIR Pradyuman Bisht v. Union of India (2023) — Supreme Court Mandates Enhanced Court Security and Digitization Supreme Court Slams Misuse of Preventive Detention After Bail Grant in Kerala Case Prabhat Kumar Biltoria 09 June 2025 The Supreme Court of India has strongly criticized the misuse of preventive detention laws to keep accused individuals in jail after they’ve secured bail. Learn how this landmark ruling upholds constitutional rights and reinforces due legal process. Supreme Court Highlights Abuse of Preventive Detention On June 7, 2025, the Supreme Court of India issued a strong rebuke to state authorities for misusing preventive detention laws to keep individuals imprisoned even after being granted bail. In the case Dhanya M v. State of Kerala, the Court emphasized that preventive detention is a rare constitutional exception—not a backdoor method to override judicial bail. Background of the Case: Detention After Bail The case involved Rajesh, a registered moneylender operating under ‘Rithika Finance’ in Kerala, who was labeled a “goonda” under the Kerala Anti-Social Activities (Prevention) Act, 2007. Despite securing bail in multiple FIRs related to loan sharking and assault, he was detained by an order from the District Magistrate of Palakkad on June 20, 2024. His wife, Dhanya M., challenged this detention through a Habeas Corpus petition, which was initially dismissed by the Kerala High Court. The matter was then escalated to the Supreme Court, which overturned both the detention order and the High Court ruling. Supreme Court’s Key Observations Preventive Detention Is a Constitutional Exception A bench comprising Justices Sanjay Karol and Manmohan clarified that preventive detention is meant for exceptional circumstances involving threats to public order, not as a means to extend incarceration after bail. “Preventive detention is a severe measure… authorized only under Article 22 of the Constitution,” the Court stated. Detention Must Be Based on Concrete Evidence The Court noted that the Kerala government failed to demonstrate how Rajesh’s actions disturbed public order as opposed to mere law-and-order issues affecting only a few individuals. “The act alone does not determine its own gravity… Its effect on society may vary greatly,” the bench stated. Legal Precedents Cited in the Judgment To support its ruling, the Court referenced several landmark judgments: Vijay Narain Singh v. State of Bihar – Emphasized caution in detaining someone already released on bail. Mortuza Hussain Choudhary v. State of Nagaland – Highlighted strict conditions for preventive detention. SK Nazneen v. State of Telangana and Nenavath Bujji v. State of Telangana – Distinguished between public order and individual crimes. Court Calls Out Lack of Bail Cancellation Efforts One of the most critical points was the State’s failure to seek cancellation of Rajesh’s bail in any of the four FIRs. The Supreme Court observed that no legal steps had been taken to revoke his bail, nor had any violations of bail conditions been specified. “Preventive detention laws should not be used solely to restrict freedom when an individual is already granted bail by a competent court,” the judgment concluded. Final Verdict: Detention and High Court Ruling Overturned The Supreme Court annulled both the preventive detention order and the Kerala High Court‘s earlier decision, reinforcing that constitutional safeguards must be respected even in cases involving multiple FIRs. Conclusion: A Win for Constitutional Justice This judgment serves as a critical reminder that preventive detention must be used sparingly and with due process. It reaffirms the principle that bail granted by courts cannot be bypassed through administrative orders unless backed by substantial evidence.   Leave a Reply Cancel Reply Logged in as Sada Law. Edit your profile. Log out? Required fields are marked * Message* Case Laws Supreme Court Directs Streamlined Implementation of RTI Act for Easier Access to Information Supreme Court Directs Streamlined Implementation of RTI Act for Easier Access to Information Sadalaw • June 8, 2025 • Case law • No Comments Remission Shouldn’t Be Denied Solely on Reports of Presiding Judge or Police: Supreme Court Lays Down Factors for Premature Release Remission Shouldn’t Be Denied Solely on Reports of Presiding Judge or Police: Supreme Court Lays Down Factors for Premature Release Sadalaw • June 8, 2025 • Case law • No Comments Supreme Court Issues 12 Key Directions for Speedy Trial of Civil Cases Supreme Court Issues 12 Key Directions for Speedy Trial of Civil Cases Sadalaw • June 8, 2025 • Case law • No Comments 1 2 3 … 5 Next »

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Supreme Court Reviews J&K’s Plea Against HC Order Halting Detention of Alleged Overground Worker Amid Pahalgam Terror Attack

Trending Today Supreme Court Reviews J&K’s Plea Against HC Order Halting Detention of Alleged Overground Worker Amid Pahalgam Terror Attack India’s Supercar Boom: Lamborghini’s Growth Plans Amid Fastest-Growing Economy Power of Constitutional Courts in Granting Bail for Offenses with Stringent Bail Conditions: A Case Analysis of V. 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Supreme Court Takes Up Special Leave Petition Filed by J&K UT In a significant legal development, the Supreme Court of India has taken cognizance of a Special Leave Petition (SLP) filed by the Union Territory of Jammu and Kashmir challenging the High Court of Jammu & Kashmir and Ladakh‘s decision to invalidate the detention of Ghulam Mohammad Waza. The apex court, on May 2, 2025, issued a notice in the case, granting a four-week period for response. Legal Representation and Bench Details Representing the Union Territory, Advocate Parth Awasthi filed the petition. The matter was heard by a bench comprising Justices Vikram Nath and Sandeep Mehta. Background of the Case Arrest and Allegations The respondent, Ghulam Mohammad Waza, was arrested on February 23, 2023, by the District Magistrate of Bandipora, under suspicion of disturbing public order and national security. Waza was allegedly associated with separatist elements operating under the Tehreek-e-Hurriyat, some of which are designated as terrorist organizations under the Unlawful Activities (Prevention) Act, 1967. He is accused of playing a key role in organizing protests, riots, and hartals during the 2016–2018 unrest in Kashmir, following the death of Burhan Wani, a commander of the Hizbul Mujahideen. High Court’s Reasoning for Revocation The High Court revoked the 2024 detention order on the grounds that it relied on similar justifications as a 2022 detention, which had also been set aside. The 2022 order was quashed due to procedural lapses, including the failure to provide the respondent with complete documentation. Fresh Grounds for 2024 Detention However, the current detention was issued after Waza was implicated in a new case involving the alleged supply of explosives to anti-national elements. This case is registered under Section 13 of the UAPA and Section 4B of the Explosive Substances Act. Broader Context: Rising Security Concerns The case comes amid heightened tensions in the region, particularly following the recent Pahalgam terror attack. Security agencies have intensified scrutiny of suspected overground workers believed to be supporting terrorist infrastructure in the Kashmir Valley. Conclusion This case underscores the ongoing legal and security complexities in Jammu and Kashmir, as courts continue to balance civil liberties with national security imperatives. The Supreme Court’s forthcoming decision may have significant implications for how detention orders under national security laws are scrutinized and upheld. Leave a Reply Cancel Reply Logged in as Sada Law. Edit your profile. Log out? Required fields are marked * Message* Case Laws Power of Constitutional Courts in Granting Bail for Offenses with Stringent Bail Conditions: A Case Analysis of V. Senthil Balaji vs The Deputy Director Power of Constitutional Courts in Granting Bail for Offenses with Stringent Bail Conditions: A Case Analysis of V. Senthil Balaji vs The Deputy Director Sadalaw Publications • May 2, 2025 • Case law • No Comments Tsewang Thinles vs UT of Ladakh: High Court Clarifies Special Court’s Power to Determine Victim’s Age Under POCSO Act Tsewang Thinles vs UT of Ladakh: High Court Clarifies Special Court’s Power to Determine Victim’s Age Under POCSO Act Sadalaw Publications • April 28, 2025 • Case law • No Comments Jharkhand High Court Ruling: GST Authorities Can’t Deny Pre-Deposit Refund on Limitation Grounds Jharkhand High Court Ruling: GST Authorities Can’t Deny Pre-Deposit Refund on Limitation Grounds Sadalaw Publications • April 26, 2025 • Case law • No Comments 1 2 3 … 5 Next »

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Opening the Monument Examining the Long-Term Effects of the 1981 Case Francis Coralie v. Union Territory of Delhi on Individual Liberty and Indian Jurisprudence

Trending Today Opening the Monument Examining the Long-Term Effects of the 1981 Case Francis Coralie v. Union Territory of Delhi on Individual Liberty and Indian Jurisprudence Rajya Sabha Adopts Bill 2025 for Waqf (Amendment) Destruction in Kancha Gachibowli ‘forest’ area depicts an ‘alarming picture’, says SC NCLT Rejects Insolvency Plea Against Zomato Over Payment Dispute Actor Hansika Motwani files a motion in the Bombay High Court to quash a FIR after being booked in a Section 498A case. Supreme Court slams Telangana CM for “making mockery” of anti-defection law Union Minister Kiren Rijiju: The Waqf Amendment Bill Is Prospective Rather Than Retrospective Supreme Court of India Significance of mitigating factors when awarding the death penalty. The Supreme Court permits the petitioner to get involved in ongoing proceedings but rejects another petition contesting the Places of Worship Act. Punjab & Haryana High Court: Child in Womb During Accident Is Subject To Reimbursement Under MV Act AN ANALYSIS OF THE ROLE OF CSR IN THE COMPANIES ACT 2013 05 Apr 2025 The Indian Supreme Court radically changed the meaning of the right to life under Article 21 of the Indian Constitution in 1981 when it handed down a landmark decision in the case of Francis Coralie Mullin v. Administrator, Union Territory of Delhi. This case was more than just a court battle; it also represented a major advancement in Indian human rights law.The case centred on Francis Coralie Mullin‘s situation, who protested the cruel circumstances surrounding her imprisonment. The court’s ruling emphasised that the right to life encompasses more than just the ability to survive physically. It also includes the right to live with dignity.As we examine this case in more detail, we’ll see how this landmark decision changed the legal landscape by guaranteeing that the Indian state‘s obligation to safeguard life includes a duty to provide humane and respectable living conditions. Whether you’re a student, a lawyer, or just someone who cares about human rights, this investigation will give you important context for understanding one of the most important judicial rulings in Indian history. An overview of the 1981 case Francis Coralie v. Union Territory of Delhi The seminal case of Francis Coralie v. Union Territory of Delhi (1981) has had a profound effect on India’s fundamental rights landscape. The case explores the fundamental ideas of individual freedom and the defence of rights against the state. Context of the Case In the case of Francis Coralie v. Union Territory of Delhi (1981), the petitioner was a journalist and social worker who was wrongfully detained by the Delhi Police in violation of preventive detention statutes. The petitioner contested this arbitrary detention on the grounds that it violated his or her fundamental rights to life and personal liberty as guaranteed by Articles 21 and 19 of the Indian Constitution. Importance of the Situation The Francis Coralie case is significant because it helped define India’s expanded understanding and application of fundamental rights. The ruling stressed that the protection of one’s dignity, privacy and physical integrity are all included in the concept of personal liberty, which goes beyond simple physical freedom.The case made clear how crucial it is to defend human rights values and make sure that government activities are consistent with the guarantees of constitutional protection that each and every person receives. By restating the judiciary‘s position as a protector of fundamental rights and a check on administrative excess, it established a precedent for cases to come. Important Case Details The famous case of Francis Coralie v. Union Territory of Delhi (1981) had a big influence on how fundamental human rights were interpreted in India. The lawsuit established a precedent for upcoming human rights cases and addressed important legal issues. Let’s examine the salient features of this significant case. Parties involved In this case, Francis Coralie, a social activist and lawyer, filed a petition against the Union Territory of Delhi, asserting a breach of fundamental rights. The Union Territory of Delhi represented the government officials whose acts were being scrutinised. The case highlighted the conflict amongst private liberties and state power, making it a major source of disagreement. Legal Issues Addressed The case focused chiefly on a violation of Article 21 of the Indian Constitution, which provides the protection of life as well as private liberty. Francis Coralie stated that the activities of government officials violated individuals’ worth and well-being, underscoring the significance of defending fundamental rights even in the face of state action. This case underscored the importance of the ability to live in dignity as an integral part of the right to life. Judgement and Impact The Supreme Court‘s decision emphasised the importance of Article 21 and broadened its meaning to encompass the right of living with dignity. The decision strengthened the protection of fundamental rights and established a precedent for subsequent situations involving human rights breaches. The influence of this case went transcend Francis Coralie’s individual circumstances, impacting the legal landscape of rights for humans in India.The Francis Coralie case serves as a timely reminder of the critical balance between individual rights and governmental authority, underscoring the fundamental ideals of human dignity and liberty established in the Indian Constitution. Impact on the Indian Legal System​ The 1981 Supreme Court case of Francis Coralie Mullin v. Administrator, Union Territory of Delhi significantly impacted the Indian legal system, particularly concerning personal liberty and the establishment of precedents for future judicial actions.​Indian Kanoon Enhancing the Realm of Personal Liberty In this landmark decision, the Supreme Court of India expanded the scope of personal liberty under Article 21 of the Indian Constitution. The Court emphasized the inherent dignity and worth of the individual, broadening the definition of personal liberty beyond mere physical restraint. This interpretation laid a robust foundation for protecting Indian citizens’ fundamental rights against arbitrary state actions, reinforcing the principle that personal liberty is sacred and inviolable.​Indian Kanoon Setting Precedents for Future Cases The ruling in the Francis Coralie Mullin case set important precedents that have influenced subsequent legal discourse in India.

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