Last edited by Maugore
Tuesday, July 14, 2020 | History

3 edition of Personal liberty and preventive detention found in the catalog.

Personal liberty and preventive detention

Faqir Hussain

Personal liberty and preventive detention

by Faqir Hussain

  • 262 Want to read
  • 28 Currently reading

Published by University Foundation Press, University of Peshawar in [Peshawar] .
Written in English

    Places:
  • Pakistan.,
  • India.,
  • Great Britain.
    • Subjects:
    • Preventive detention -- Pakistan,
    • Preventive detention -- India,
    • Preventive detention -- Great Britain,
    • Civil rights

    • Edition Notes

      Includes bibliographical references.

      StatementFaqir Hussain.
      Classifications
      LC ClassificationsLAW
      The Physical Object
      Paginationv, 287 p. ;
      Number of Pages287
      ID Numbers
      Open LibraryOL2013301M
      LC Control Number90931050

      This chapter examines the dichotomy assumed to exist between ex ante prevention and ex post punishment. It considers the central claim that disabling people on account of their future-crime-indicating characteristics is different in kind from how the criminal law routinely operates. It argues that, in important ways there is more prevention in the ordinary operation of the criminal law . PREVENTIVE DETENTION IN INDIA By B. vamshidhar Reddy From ICFAI Law School, Hyderabad Introduction Indian courts, during the past few decades, has come forward as a champion in protection of the fundamental rights of the individuals, especially that of right to life and personal liberty ensured under article

        "The preventive detention is an encroachment upon the personal liberty of an individual and cannot be said to be encroached in a casual manner as has been done in the instant case." The case at hand involved a preventive detention order passed in July this year, against a person accused of having shot an MLA. Any person arrested under preventive detention on any of the above grounds, can have no right to liberty visualized under Art 19 or However to prevent reckless use of ‘preventive detention, the constitution prescribes some safeguards. Firstly, a person may be taken into preventive custody only for a period of 3 months.

      Liberty-based Rights II: Rest of Article 19 Rights 3. Liberty-based Rights III: Meaning of Life and Personal Liberty 4. Liberty-based Rights IV: Punitive Deprivation of Life and Personal Liberty 5. Liberty-based Rights V: Preventive Detention, Death Sentence and Prisoners Rights 6. Liberty-based Rights VI: Freedom of Religion 7. 1 day ago  "During this time, the son of the Petitioner did and continues to languish under the garb of preventive detention through an order passed under the National Security Act, arbitrarily and with.


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Personal liberty and preventive detention by Faqir Hussain Download PDF EPUB FB2

Relation Between Personal Liberty And Preventive Detention And Impact Of One - Another. Our Constitution has received preventive detainment as a topic of harmony time enactment as unmistakable from crisis enactment and Courts can't scrutinize the adequacy of explanations behind denying an individual of his freedom.

The Use of Preventive Detention Laws in Malaysia: A Case for Reform (1st ed. )ISBN:   (). Preventive detention and the right to personal liberty and security under Article 5 ECHR. The International Journal of Human Rights: Vol. 10, No. 3, pp. Cited by: 7. The right to life and personal liberty is the most cherished one of all the human rights.

The enjoyment of all other rights depends upon this basic right. This book is a significant contribution to the literature on the right to personal liberty. This book covers the provisions of criminal law, particularly those dealing with powers of arrest and detention and the safeguards against.

In a crucial ruling on the subject of preventive detention and personal liberty, the Supreme Court on Thursday held that liberty of a person has to be subordinate to the public good.

“ we are conscious that the Constitution and the Supreme Court are very zealous of upholding the personal liberty of an individual. This book examines the extraordinary nature of the power of preventive Personal liberty and preventive detention book, which permits executive dispensation of the personal liberty of an individual on the mere apprehension that, if free and unfettered, he may commit acts prejudicial to national security or public order.

Preventive detention Act, validates detention of individual in cases where exigencies of the state is concerned like in case of national security, maintaining peace and public order, foreign relations etc. Validity of the said act is challenged before the court in Gopalan case where it was evident that liberty of an individual does not.

While asserting the importance of upholding personal liberty, the Supreme Court reportedly emphasized the necessity of preventive detention — with the grounds for detention presented within the stipulated time — in cases when the safety and security of the nation or society are concerned.

The key here is ‘reasonable bounds’. Preventive detention order was issued in August against Sharma, Parmar and Trivedi. The trio challenged the order before the HC. The Gujarat High Court has dismissed pleas challenging the detention order moved by three persons accused of gold smuggling, noting that though the Constitution and the Supreme Court are “very zealous of holding personal liberty of an.

2 days ago  In cases of preventive detention, the foremost valuable right of an individual i.e. the right of personal liberty is at stake and thus there arises a need for the legislature to carefully and scrupulously enact a law relating to preventive detention.

Extended Scope: The orig inal law has an endeavor to hide all possible cases that w ould arise. The right to personal liberty in international human rights law as a legal framework for the consideration of state preventive detention laws The purpose of this chapter is to determine the grounds and procedures upon which a State may lawfully detain a suspected terrorist pursuant to the terms of international human rights law.

The book is an outstandingly able study of preventive detention the like of which has not appeared in India. “NO interference with liberty must be penal in character. Nothing in the nature of conviction can be admitted without trial in strict form. Preventive Detention is essentially, an activity taken prior to prevent the possible commitment of the crime.

Preventive Detention in this way is an activity taken on intuition that some wrong can be committed by the individual. Article 22(1) and (2) are additionally called Rights of.

A just, fair, reasonable, and purposeful exercise of arrest and detention powers by the State is both in the interest of the individual and the society at large. However, very often individual rights are impinged by arbitrary and illegal exercise of State power to arrest and detain.

The book studies issues pertaining to arrest and detention, comprehensively, critically, and analytically. Preventive detention, the practice of incarcerating accused individuals before trial on the assumption that their release would not be in the best interest of society—specifically, that they would be likely to commit additional crimes if they were released.

Preventive detention is also used when the release of the accused is felt to be detrimental to the state’s ability to carry out. The preventive detention is an encroachment upon the personal liberty of an individual and cannot be said to be encroached in a casual manner as has been done in the instant case,'' said Allahabad.

Personal Liberty & Preventive Detention. Peshawar Se Moscow Tak. (Urdu) Talibanization of Pakistan (A Case Study of TNSM). Sardar Inayatullah Khan Gandapur; The Tale of Six men (Pre-one Unit Chief Ministers). A review of the general principles of preventive detention, constitutional rights, the basis for detention, subjective satisfaction and judicial review, grounds for detention, the detention order and procedure, and the detention of foreigners follows a discussion of personal liberty and the rule of law versus preventive detention.

The book. Grounds for preventive detention *security of the state, *maintenance of public order, *maintenance of supplies and essential services and defence, *foreign affairs or security of India.

Furthermore, a detainee under preventive detention has no right of personal liberty guaranteed by Article 19 or Article   The right to personal liberty, wrote Justice Tashi Rabstan, is a “most precious right”.

It has been held, he added, to be “transcendental, inalienable and available to. Under Arti preventive detention may be implemented any time and the constitution expressly allows an individual to be detained — without charge or trial so it is a devastating blow to personal liberties of the citizens of the country.1.

Preventive Detention – Background, History and Practice 2. The Right to Personal Liberty in International Human Rights Law as a Legal Framework for the Consideration of State Preventive Detention Laws 3. The Preventive Detention of Suspected Terrorists Pursuant to a State of Emergency in International Human Rights Law 4.The evidence marshaled in this Part suggests that preventive detention laws reflect a substantive vision of personal liberty.

Finally, in Part IV, I argue that the prevailing modes of analyzing preventive detention laws fail to engage, much less assess, the rationales used to justify the prac-tice.