Interim Bail In Habeas Petition Challenging Detention Only In Exceptional Circumstances: Madras HC [Read Judgment]
News UpdatesInterim Bail In Habeas Petition Challenging Detention Only In Exceptional Circumstances: Madras HC [Read Judgment] LIVELAW NEWS NETWORK4 Oct 2020 11:52 PMShare This – xThe Madras High Court has observed that interim bail in habeas corpus petitions challenging preventive detention can be granted only in exceptional circumstances, when it is made out that the intervention of the cour is indispensable.Holding thus, a division bench comprising Justices T S Sivagnanam and Pushpa Sathyanarayana recalled an order passed on June 15 to grant interim bail to a…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Madras High Court has observed that interim bail in habeas corpus petitions challenging preventive detention can be granted only in exceptional circumstances, when it is made out that the intervention of the cour is indispensable.Holding thus, a division bench comprising Justices T S Sivagnanam and Pushpa Sathyanarayana recalled an order passed on June 15 to grant interim bail to a detenu, after considering the objections raised by the Tamil Nadu government against his release(The Government of Tamil Nadu and another v. S Indira Moorthy).While acknowledging that the Court has power to grant interim bail in habeas matters challenging detention, the Court added that such power has intrinsic restrictions.”…we are of the view that though this Court has got jurisdiction to grant interim bail in deserving cases, the exercise of such jurisdiction and power has intrinsic restrictions, as has been laid down in a catena of decisions of the Hon’ble Supreme Court”, the HC observed.The judgment authored by Justice Pushpa Sathyanarayana added :”…we have no hesitation to hold that the prayer for interim bail cannot be normally entertained by this Court in Habeas Corpus Petition, unless and until, it has been made out that intervention of this Court is indispensable at that stage”.”…it is amply clear that this Court while dealing with habeas corpus petitions under Article 226 of the Constitution, wherein, the validity of the detention orders are sought to be questioned, has jurisdiction to grant interim bail, but the exercise of the said jurisdiction is inevitably circumscribed by the considerations which are special to such proceedings”, the Court added.The Court was dealing with the detention of a person who was branded a “sand offender” under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug-Offenders, Forest-Offenders, Goondas, Immoral Traffic Offenders, Sand-Offenders, Sexual Offenders, Slum-Grabbers and Video Pirates Act, 1982.After the detenu was granted interim bail on June 15, the Government moved an application seeking recall of that order, contending that the detenu cannot be released on interim bail on the ground that he was not produced before the Advisory Board, as there is no provision in the Act 14 of 1982, that mandates the production of the detenue before the Advisory Board.Click here to download the orderRead OrderNext Story
Bay of Plenty Times 25 June 2014Bay of Plenty abortion numbers are dropping as nationwide rates hit a 20-year low.Latest figures from Statistics New Zealand show 726 abortions were performed in the Bay of Plenty last year, down from 773 in 2012 and 821 in 2011.Nationwide abortion rates for 2013 were the lowest in 20 years.In total 14,073 induced abortions were performed last year, down from 14,745 in 2012 and 15,863 in 2011.Family First NZ director Bob McCoskrie said the abortion rate would continue to drop as knowledge of the prenatal development of the unborn child increased, and as an increasingly pro-life younger generation become parents.He said the Bay of Plenty had the benefit of the new pregnancy choice centre run by Janice Tetley-Jones.Family First NZ spokesperson Marina Young believed the drop was a result of increased education and access to more information.“I think a lot of people have been more informed. There’s a lot more out there on the internet about the early development.http://m.nzherald.co.nz/bay-of-plenty-times/news/article.cfm?c_id=1503343&objectid=11281463
… just a few overseas weapons away from championship winning teamBy Clifton RossTHE Warriors (GAW) have been tinkering with their combination over the seasons and this year is no different, as the franchise smartly held onto their core group of local and regional players.Given last year’s performances by the retained crew of players, Warriors are basically two or three international stars away from forming a dangerous squad for this season’s campaign.Shimron Hetmyer, Sherfane Rutherford, Romario Shepherd are the ‘Big 3’ for the Warriors, given their production not just in the CPL but in T20 generally.They will be supported by Jamaican and Windies’ newest and dynamic Brandon King, who lit up the tournament last season with his hundred; along with the dangerous left-hander Nicholas Pooran.Guyana Jaguars wicketkeeper/batsman Anthony Bramble will duly add support to the aforementioned players as he has proved his worth in the past.The Warriors latest addition, rookie all-rounder Kevin Sinclair, was drafted as the Emerging Player for the franchise this year.His debut with the Jaguars this season for the Regional 4-Day Tournament was a brilliant learning process for the young Berbician who could, if given the opportunity, be a hidden gem as his style of play is tailored-made for the T20 format.All of the franchises have announced their retained players as they await the next round of the draft, the most important part – the selection of the international players.Over the years GAW have relied on their local and regional players to do the lion’s share of the work.Apart from Pakistan legend Shoaib Malik who has been outstanding as captain and player, Australian Brad Hodge has been in the past was been an excellent player and coach before retiring.Other pieces came and went, James Franklin, Luke Ronchi, Cameron Delport, Chris Morris, and of recent Chris Green, who could possibly be a part of the tournament, should his bowling issues be rectified.Pakistani Sohail Tanvir was a huge part of the squad last season in both departments while other lost diamonds like his countryman Babar Azam, who recently picked up an international ban, was once a part of the franchise.It will be interesting to see which international stars throw their names into the selection pool, especially with COVID-19 having its say in restricting sports.The CPL is currently on COVID-19 watch, as they await further word with regard to: should they call off the proposed August start to the tournament or will the green light be given once health conditions and safety guidelines are implemented.More so, should the Warriors bag a few marquee players who either currently play or had solid international careers, thus adding extra firepower to the solid core they have retained; this season could be the year they break the Finals jinx and possibly win the title.Chandrapaul Hemraj will need a strong international partner at the top of the order to go along with King who can float about the batting line.GAW will definitely need some venom in the bowling department, so acquiring a genuine foreign pacer could be a smart move.Rutherford and Shepherd have done great in their careers so far and are capable of holding their own. However, should Warriors have an international, who can take the pressure off when needed, that will balance the team.It will be left to see who from the overseas world will be interested in playing, given all that is occurring and could occur in a month’s time.The local franchise’s season will most certainly ride on the selection of the remaining spots to be filled by international players.Securing experienced, healthy players with decent track records whether present or past, will create a stronger learning environment for the already budding talent the Warriors have chosen to stick with in their quest for their maiden title.
The GRAMMY Foundation and MusiCares have launched their first-ever VIP experience-only GRAMMY Charity Online Auction comprised exclusively of nearly 50 one-of-a-kind lots.Featured VIP celebrity, entertainment and business experiences include a private studio tour with Alicia Keys; VIP concert and private meet-and-greet experiences with Elton John, Demi Lovato, and Carrie Underwood; a songwriting session with Sugarland’s Kristian Bush; a private session with GRAMMY-winning composer Christopher Tin and the Royal Philharmonic Orchestra at Abbey Road Studios in London; a round of golf with Jonny Lang; and several ultimate GRAMMY VIP experiences, among other items.The VIP experience-only auction is available for bidding now through Dec. 3 at www.charitybuzz.com. Proceeds will provide essential support for the GRAMMY Foundation and MusiCares.