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Search Results for "terrorism"

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High Court

Bombay High Court Allows Bail Appeal in 2012 Pune Bomb Blasts Case Due to Inordinate Delay in Trial. Right to Speedy Trial Under Article 21 of the Constitution Overrides Statutory Restrictions Under Section 43-D(5) of UAPA.

20 Sep 2024

The appellant, Munib Iqbal Memon, was arrested on 26 December 2012 in connection with five bomb blasts that occurred in Pune on 1 August 2012. The bla...

Supreme Court

Supreme Court Allows Bail in Elgar Parishad Case: High Court Erred in Remanding Bail Application Without Considering Merits Despite Supplementary Chargesheet. The Court held that the High Court must consider the entire material, including supplementary chargesheet, while exercising its bail jurisdiction under Section 439 CrPC, and the bar under Section 43-D(5) of the Unlawful Activities (Prevention) Act, 1967 requires a prima facie assessment of the accusation.

15 Apr 2024

The appellant, Shoma Kanti Sen, was arrested on 06.06.2018 in connection with FIR No. 04/2018 registered at Vishrambaug Police Station, Pune, alleging...

Supreme Court

Supreme Court Dismisses Petition Challenging Bail Cancellation in NDPS Act Case Due to Narco-Terrorism Links. Transfer of Investigation to NIA and Framing of Charges Under UAPA Justify Custodial Interrogation for Thorough Investigation.

1 Jan 2024

The Supreme Court dismissed the Special Leave Petition and Writ Petition filed by Ankush Vipan Kapoor, challenging the cancellation of his bail by the...

Supreme Court

Supreme Court Refers to Larger Bench the Question Whether Mere Membership of a Banned Organization is Punishable Under Section 10 of UAPA, 1967 — Earlier Decisions in Arup Bhuyan and Raneef Holding That Mere Membership Does Not Incriminate Without Violence or Incitement Are Reconsidered as Union of India Was Not Heard.

24 Mar 2023

This judgment arises from a reference to a larger Bench of the Supreme Court of India, questioning the correctness of the decisions in Arup Bhuyan v. ...

Supreme Court

Supreme Court Quashes Extension Orders and Grants Default Bail to Accused in Gujarat Control of Terrorism and Organised Crime Act Case Due to Procedural Violation. The Court held that production of accused before the Special Court when considering Public Prosecutor's report for extension of investigation period under Section 20(2) of the 2015 Act is mandatory, and non-compliance renders extension orders illegal, entitling accused to default bail under Section 167(2) of Code of Criminal Procedure, 1973.

23 Sep 2022

The Supreme Court of India heard criminal appeals arising from Special Leave Petitions filed by accused persons charged under the Gujarat Control of T...

High Court

Bombay High Court Dismisses State's Revision Against Juvenile Board's Order Declining to Try Minor as Adult Under Juvenile Justice Act. Court upholds that the Juvenile Justice Board's preliminary assessment under Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015, regarding the child's mental and physical capacity to commit an offence, is not amenable to revision under Section 397 of CrPC.

16 Mar 2022

The State of Maharashtra, through the Anti-Terrorism Squad, Aurangabad, filed a criminal revision application before the Bombay High Court challenging...

Supreme Court

Supreme Court Dismisses Appeals in National Investigation Agency Act Case Upholding State Court Jurisdiction Until NIA Takeover. The Court held that under Section 6(7) of the National Investigation Agency Act, 2008, the State Police may continue investigation until the NIA actually takes over, and state courts retain jurisdiction under the Code of Criminal Procedure, 1973 for scheduled offences until that point.

20 Oct 2021

The appeals arose from a judgment of the Bombay High Court dated 5 July 2018, which dismissed a criminal writ petition challenging the jurisdiction of...

Supreme Court

Supreme Court Dismisses Applications for Recall of Judgment on Government Accommodation for Kashmiri Migrants. The Court considered arguments on substitution of legal representatives and humanitarian grounds but upheld the earlier decision, referencing the rehabilitation scheme under Office Memorandum dated 28.3.2017 and eviction provisions under Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

7 Oct 2021

The Supreme Court of India, in a civil appellate jurisdiction, dealt with three miscellaneous applications related to a judgment dated 5.8.2021 concer...

Supreme Court

Supreme Court Upholds 2G Internet Restrictions in Jammu and Kashmir Citing National Security Concerns. Court Finds Measures Proportionate and in Compliance with Anuradha Bhasin Directions, Balancing Fundamental Rights with Security Needs During COVID-19.

7 May 2020

The Supreme Court of India heard three writ petitions challenging the restriction of mobile internet speed to 2G in the Union Territory of Jammu and K...

High Court

Bombay High Court Dismisses Bail Petition and Transfers NIA Case to Special Court in Parbhani ISIS Conspiracy Case. Court holds that bail cannot be granted on ground of delay in trial when accused is charged under Unlawful Activities (Prevention) Act, 1967 and IPC for conspiracy to commit terrorist acts, and that transfer of case to NIA Special Court is warranted under Section 406 CrPC for expeditious trial.

5 Jul 2018

The judgment concerns two connected matters: a writ petition filed by Naser Bin Abu Bakr Yafai seeking bail in Sessions Case No. 106 of 2016 pending b...

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