06-02-1974-Under the Constitution, protection against impairment of the guarantee of fundamental rights is determined by the nature of the right, the interest of the aggrieved party and the degree of harm resulting […]
Application of mind is sine qua non in an executive action to arrive at subjective satisfaction- J&K High Court
08-04-2010-The grounds of detention ex facie are vague, ambiguous and sketchy and not clear and unambiguous enable a man of common prudence to explain his stand much less make an effective representation. The detenue is not informed with clarity about his alleged “thought process”, “well knit group” at the back of the detenue and the activities that “create law and order problem”. The detenue is not informed who are the people who constitute the “well knit group” at back of the detenue, what changes were expected to be made by the detenue in his “thought process”. What are law and order and “socio-economic” problem that the detenue is likely to create and how are such problems intended to be created. The detenue is not informed about “socio economic problem” that the activities attributed to the detenue result in. The grounds of detention thus are vague, sketchy and lacking in essential details.
The basic merit of the administration of criminal justice in the State lies in the face that the person arrested by the police is entitled to come before an independent and impartial Magistrate who is expected to deal with the case, without the Magistrate himself being in any way a partisan or a witness to police activities.