{"id":412,"date":"2020-04-23T10:29:51","date_gmt":"2020-04-23T10:29:51","guid":{"rendered":"http:\/\/lexforti.com\/legal-news\/?p=412"},"modified":"2021-01-07T05:28:34","modified_gmt":"2021-01-07T05:28:34","slug":"the-preventive-detention-is-an-encroachment-upon-the-personal-liberty-of-an-individual-and-cannot-be-said-to-be-encroached-in-a-casual-manner-moreover-possibility-of-political-influence-cannot-be-ru","status":"publish","type":"post","link":"https:\/\/lexforti.com\/legal-news\/the-preventive-detention-is-an-encroachment-upon-the-personal-liberty-of-an-individual-and-cannot-be-said-to-be-encroached-in-a-casual-manner-moreover-possibility-of-political-influence-cannot-be-ru\/","title":{"rendered":"The preventive detention is an encroachment upon the personal liberty of an individual and cannot be said to be encroached in a casual manner; Moreover, possibility of political influence cannot be ruled out in these cases: Allahabad HC"},"content":{"rendered":"\n

Harshit Sharma | Amity Law School, Madhya Pradesh | 23rd December 2019 <\/strong><\/p>\n\n\n\n

Prem Narayan @ Prem Verma through (Son) Amit Kumar Verma V\/s. Union of India Habeas Corpus No. 27130\/2019<\/strong><\/p>\n\n\n\n

FACTS\nOF THE CASE<\/strong><\/p>\n\n\n\n

  1. The\npresent writ petition is preferred against the impugned order dated 03.07.2019\npassed by District Magistrate, Kheri pertaining to Preventive detention under\nthe National Security Act, 1980 & impugned order dated 10.07.2019 passed by\nthe State Government, for the purpose of issuance of the writ of CERTIORARI\n& HABEAS CORPUS. <\/li>
  2. The\nincident in respect of which the order was passed pertains to that of dated\n21.03.2019 (the day of Holi festival) it was alleged by the original informants\nthat when they were heading back to their homes after Holi party on their\nmotorcycles, suddenly at 15.30 hrs, the accused persons Prem Verma, Naseem,\nPinki Saxena who were already present at the culvert came in front of their\nmotorcycles and stopped them. After hurling the abuses, all the accused persons\nstarted firing at the informants by which brother of the informant sustained\ninjury on his left leg. <\/li>
  3. This\nincident made hue and cry in the area, which resulted all the persons present\ntheir to close their shops and run immediately for the sake of safety. <\/li>
  4. The\nmotive or purpose quoted behind the acts of accused person, as pinpointed by\nthe informant was that, the same was the Member of Legislative Assembly and due\nto their initiation of the task to stop & wither the illegal mining which\nwas being carried in that area. <\/li>
  5. The\nallegations were countered by the accused persons, on the ground that the\ndetention order was illegal and passed upon the extraneous, invalid and\nnon-existent ground. Further, the order is a clear-cut outcome of the political\ninfluence of the MLA associated with the present case. <\/li>
  6. Moreover,\na representation dated 16.08.2019 was also made by the accused persons, which\ngave the specific details of the incident which took place on that day quoting\nthat, \u2018The informant and his brother and his numerous supporters were\ndancing in an inebriating condition and it was the present petitioner, who was\nassaulted by Shri Yogesh Verma and his supporters, which was captured in the\nCCTV camera installed nearby\u2019<\/em>.   <\/li>
  7. Thus,\nbeing a case fully made-up the aggrieved approached the Hon\u2019ble High Court for\nrequisite redressal of their grievances. <\/li><\/ol>\n\n\n\n

    ISSUES\nRAISED<\/strong><\/p>\n\n\n\n

    1. Whether the Preventive Detention order is\nillegal, extraneous and made-up? <\/li>
    2. Whether the casual nature as adopted by\nnot appreciating the electronic evidence is substantial to quash the order of\npreventive detention?<\/li>
    3. Whether the presence of political\ninfluence is of great concern in the cases similar to that of the present one? <\/li><\/ol>\n\n\n\n

      RULING\nOF THE COURT\/ THE COURT HELD THAT<\/strong><\/p>\n\n\n\n

      The\nHon\u2019ble High Court quashed and set-aside the order of preventive detention, by\nupholding and observing the following: <\/p>\n\n\n\n

      1. The preventive detention\nis an encroachment upon the personal liberty of an individual and cannot be\nsaid to be said to be encroached in a casual manner as has been\ndone in the instant case<\/li>
      2. For\nan act to fall within the category of public order problem, it should be of a\nnature to disrupt the ordinary tempo of public life. Also, it should be beyond\nthe capability of ordinary law to deal with the alleged activities; in other\nwords, if recourse to ordinary criminal law could have efficaciously dealt with\nthe alleged activities the need to take recourse to preventive detention law\ndoes not arise. The facts and circumstances of the present case, especially,\nthe changed version of the detaining authorities fall to establish that the\nalleged act was one threatening public order<\/li>
      3. That\nit was clearly seen in the detention order that it was based upon false facts\nand also that the preventive detention is an encroachment upon the personal\nliberty of an individual. While saying that the possibility of political influence\nleading to the passing of the impugned detention order cannot be ruled out, the\ncourt also observed that the order shows no application of mind by the\ndetaining authority and that the said authority has acted merely on the basis\nof the reports of the Sponsoring Authority, wherein the petitioner was referred\nas a hardened criminal and a mining maa having a gang, which is irrelevant and\nnon- existent beyond doubt.<\/li>
      4. Further,\nthe non-appreciation of CCTV evidence makes it a clear casual nature to falsely\nimplicate the accused persons. <\/li><\/ol>\n\n\n\n

        For which the detained persons and set free & order is quashed.

        <\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

        Harshit Sharma | Amity Law School, Madhya Pradesh | 23rd December 2019 Prem Narayan @ Prem Verma through (Son) Amit Kumar Verma V\/s. Union of India Habeas Corpus No. 27130\/2019 FACTS OF THE CASE The present writ petition is preferred against the impugned order dated 03.07.2019 passed by District Magistrate, Kheri pertaining to Preventive detention […]<\/p>\n","protected":false},"author":144,"featured_media":199,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[26],"tags":[],"yoast_head":"\nThe preventive detention is an encroachment upon the personal liberty of an individual and cannot be said to be encroached in a casual manner; Moreover, possibility of political influence cannot be ruled out in these cases: Allahabad HC - LexForti<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/lexforti.com\/legal-news\/the-preventive-detention-is-an-encroachment-upon-the-personal-liberty-of-an-individual-and-cannot-be-said-to-be-encroached-in-a-casual-manner-moreover-possibility-of-political-influence-cannot-be-ru\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"The preventive detention is an encroachment upon the personal liberty of an individual and cannot be said to be encroached in a casual manner; Moreover, possibility of political influence cannot be ruled out in these cases: Allahabad HC - LexForti\" \/>\n<meta property=\"og:description\" content=\"Harshit Sharma | Amity Law School, Madhya Pradesh | 23rd December 2019 Prem Narayan @ Prem Verma through (Son) Amit Kumar Verma V\/s. Union of India Habeas Corpus No. 27130\/2019 FACTS OF THE CASE The present writ petition is preferred against the impugned order dated 03.07.2019 passed by District Magistrate, Kheri pertaining to Preventive detention […]\" \/>\n<meta property=\"og:url\" content=\"https:\/\/lexforti.com\/legal-news\/the-preventive-detention-is-an-encroachment-upon-the-personal-liberty-of-an-individual-and-cannot-be-said-to-be-encroached-in-a-casual-manner-moreover-possibility-of-political-influence-cannot-be-ru\/\" \/>\n<meta property=\"og:site_name\" content=\"LexForti\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/Lexforti\/\" \/>\n<meta property=\"article:author\" content=\"https:\/\/www.facebook.com\/harshit.sharma.1048\" \/>\n<meta property=\"article:published_time\" content=\"2020-04-23T10:29:51+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2021-01-07T05:28:34+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/i1.wp.com\/lexforti.com\/legal-news\/wp-content\/uploads\/2020\/04\/Untitled-design.jpg?fit=400%2C225&ssl=1\" \/>\n\t<meta property=\"og:image:width\" content=\"400\" \/>\n\t<meta property=\"og:image:height\" content=\"225\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"Hshits1997\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Hshits1997\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"4 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/the-preventive-detention-is-an-encroachment-upon-the-personal-liberty-of-an-individual-and-cannot-be-said-to-be-encroached-in-a-casual-manner-moreover-possibility-of-political-influence-cannot-be-ru\/#article\",\"isPartOf\":{\"@id\":\"https:\/\/lexforti.com\/legal-news\/the-preventive-detention-is-an-encroachment-upon-the-personal-liberty-of-an-individual-and-cannot-be-said-to-be-encroached-in-a-casual-manner-moreover-possibility-of-political-influence-cannot-be-ru\/\"},\"author\":{\"name\":\"Hshits1997\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/#\/schema\/person\/da5b12bcf24f10dd6314543ccd840355\"},\"headline\":\"The preventive detention is an encroachment upon the personal liberty of an individual and cannot be said to be encroached in a casual manner; Moreover, possibility of political influence cannot be ruled out in these cases: Allahabad HC\",\"datePublished\":\"2020-04-23T10:29:51+00:00\",\"dateModified\":\"2021-01-07T05:28:34+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\/\/lexforti.com\/legal-news\/the-preventive-detention-is-an-encroachment-upon-the-personal-liberty-of-an-individual-and-cannot-be-said-to-be-encroached-in-a-casual-manner-moreover-possibility-of-political-influence-cannot-be-ru\/\"},\"wordCount\":774,\"commentCount\":0,\"publisher\":{\"@id\":\"https:\/\/lexforti.com\/legal-news\/#organization\"},\"articleSection\":[\"Supreme Court Judgement\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\/\/lexforti.com\/legal-news\/the-preventive-detention-is-an-encroachment-upon-the-personal-liberty-of-an-individual-and-cannot-be-said-to-be-encroached-in-a-casual-manner-moreover-possibility-of-political-influence-cannot-be-ru\/#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/the-preventive-detention-is-an-encroachment-upon-the-personal-liberty-of-an-individual-and-cannot-be-said-to-be-encroached-in-a-casual-manner-moreover-possibility-of-political-influence-cannot-be-ru\/\",\"url\":\"https:\/\/lexforti.com\/legal-news\/the-preventive-detention-is-an-encroachment-upon-the-personal-liberty-of-an-individual-and-cannot-be-said-to-be-encroached-in-a-casual-manner-moreover-possibility-of-political-influence-cannot-be-ru\/\",\"name\":\"The preventive detention is an encroachment upon the personal liberty of an individual and cannot be said to be encroached in a casual manner; Moreover, possibility of political influence cannot be ruled out in these cases: Allahabad HC - LexForti\",\"isPartOf\":{\"@id\":\"https:\/\/lexforti.com\/legal-news\/#website\"},\"datePublished\":\"2020-04-23T10:29:51+00:00\",\"dateModified\":\"2021-01-07T05:28:34+00:00\",\"breadcrumb\":{\"@id\":\"https:\/\/lexforti.com\/legal-news\/the-preventive-detention-is-an-encroachment-upon-the-personal-liberty-of-an-individual-and-cannot-be-said-to-be-encroached-in-a-casual-manner-moreover-possibility-of-political-influence-cannot-be-ru\/#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\/\/lexforti.com\/legal-news\/the-preventive-detention-is-an-encroachment-upon-the-personal-liberty-of-an-individual-and-cannot-be-said-to-be-encroached-in-a-casual-manner-moreover-possibility-of-political-influence-cannot-be-ru\/\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/the-preventive-detention-is-an-encroachment-upon-the-personal-liberty-of-an-individual-and-cannot-be-said-to-be-encroached-in-a-casual-manner-moreover-possibility-of-political-influence-cannot-be-ru\/#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\/\/lexforti.com\/legal-news\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"The preventive detention is an encroachment upon the personal liberty of an individual and cannot be said to be encroached in a casual manner; Moreover, possibility of political influence cannot be ruled out in these cases: Allahabad HC\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/#website\",\"url\":\"https:\/\/lexforti.com\/legal-news\/\",\"name\":\"LexForti\",\"description\":\"Legal\",\"publisher\":{\"@id\":\"https:\/\/lexforti.com\/legal-news\/#organization\"},\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\/\/lexforti.com\/legal-news\/?s={search_term_string}\"},\"query-input\":\"required name=search_term_string\"}],\"inLanguage\":\"en-US\"},{\"@type\":\"Organization\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/#organization\",\"name\":\"LexForti Legal News & Journal\",\"url\":\"https:\/\/lexforti.com\/legal-news\/\",\"logo\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/#\/schema\/logo\/image\/\",\"url\":\"https:\/\/i2.wp.com\/lexforti.com\/legal-news\/wp-content\/uploads\/2020\/08\/159134300345793876.png?fit=404%2C404&ssl=1\",\"contentUrl\":\"https:\/\/i2.wp.com\/lexforti.com\/legal-news\/wp-content\/uploads\/2020\/08\/159134300345793876.png?fit=404%2C404&ssl=1\",\"width\":404,\"height\":404,\"caption\":\"LexForti Legal News & Journal\"},\"image\":{\"@id\":\"https:\/\/lexforti.com\/legal-news\/#\/schema\/logo\/image\/\"},\"sameAs\":[\"https:\/\/www.facebook.com\/Lexforti\/\",\"https:\/\/www.instagram.com\/lexforti\/\",\"https:\/\/www.linkedin.com\/company\/lex-forti\/\"]},{\"@type\":\"Person\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/#\/schema\/person\/da5b12bcf24f10dd6314543ccd840355\",\"name\":\"Hshits1997\",\"image\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/#\/schema\/person\/image\/\",\"url\":\"https:\/\/lexforti.com\/legal-news\/wp-content\/uploads\/2021\/01\/159134300345793876-96x96.png\",\"contentUrl\":\"https:\/\/lexforti.com\/legal-news\/wp-content\/uploads\/2021\/01\/159134300345793876-96x96.png\",\"caption\":\"Hshits1997\"},\"description\":\"Harshit Sharma Advocate is a practising lawyer at the High Court of Madhya Pradesh, Bench at Gwalior. He started his litigation practice before the Hon\u2019ble High Court of Madhya Pradesh since August, 2020 after being enrolled with the State Bar Council of Madhya Pradesh at enrolment number MP\/1228\/2020. Mr. Sharma hails from a generous and morally-valued driven family. He is the second-generation lawyer in his family who has taken up the task of stepping on the foot-steps of his father and the leading criminal advocate of the Gwalior Bar Sh. Vijay Dutt Sharma, Advocate. He always valued to strike a balance between education and moral-values which he quotes to have been a reflection of his mother Smt. Kusum Sharma and possibly this magical combination of the intellectual father and caring mother sailed him through to take the beautiful and successful academic leap, in both school as well as University. To quote the glorious academic years of Mr. Sharma, it all started with he been awarded with the Soli Sorabjee Award, which is bestowed upon the Legal Studies Topper of Class-XI (CBSE) of Gwalior Glory High School, Gwalior (M.P.). Since then, it has been the blessings of his parents, sister, teachers and family members that he completed his five-year integrated law course in B.A., LL.B. (Hons.) from Amity Law School, Amity University Madhya Pradesh, Gwalior with flying colours and been the over-all topper of the course since its inception to its culmination. Mr. Sharma also had in his names to attend various national and international seminars on growing issues in the field of law and throughout his college life, he has been an active member of the Moot Court Committee and in the culminating years of his college life, he has also served as the Chairperson of the Moot Court Committee of Amity Law School, Amity University Madhya Pradesh. His experience owed from his association with top-notched institutions of the country and law offices, including National Human Rights Commission, National Judicial Academy Bhopal, Chambers of Sh. Sanjay Gupta Ji Advocate (Gwalior, M.P.), Sh. Deepak Vasant Rao Khot Ji Advocate (Gwalior, M.P.), Sh. Fuzail Ahmad Ayyubi Ji Advocate (A-O-R Supreme Court of India), Sh. Vaibhav Shrivastava Ji (Office of Sh. Vivek Tankha Ji Senior Advocate), Sh. Prashant Vaxish Advocate (Supreme Court of India) to name a few. Apart from being an avid learner and through-out student of Law, Mr. Sharma has under his name various research papers and articles published in National as well as International Journals and UGC-Approved Journals, pan India. More so, he is a constant content writer for various online blogs including the LatestLaws.com, Lawyers Club India, Legal Services India, Advocates Pedia Foundation, etc. In addition to his academic excellence, he is green-belt holder in karate and has been a district-level Judo and Table-Tennis Player for his School Team. He is fond of reading books and to pen poetries in both, English as well as Hindi language is his best hobby to spare time with.\",\"sameAs\":[\"https:\/\/www.facebook.com\/harshit.sharma.1048\"],\"url\":\"https:\/\/lexforti.com\/legal-news\/author\/hshits1997\/\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"The preventive detention is an encroachment upon the personal liberty of an individual and cannot be said to be encroached in a casual manner; Moreover, possibility of political influence cannot be ruled out in these cases: Allahabad HC - LexForti","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/lexforti.com\/legal-news\/the-preventive-detention-is-an-encroachment-upon-the-personal-liberty-of-an-individual-and-cannot-be-said-to-be-encroached-in-a-casual-manner-moreover-possibility-of-political-influence-cannot-be-ru\/","og_locale":"en_US","og_type":"article","og_title":"The preventive detention is an encroachment upon the personal liberty of an individual and cannot be said to be encroached in a casual manner; Moreover, possibility of political influence cannot be ruled out in these cases: Allahabad HC - LexForti","og_description":"Harshit Sharma | Amity Law School, Madhya Pradesh | 23rd December 2019 Prem Narayan @ Prem Verma through (Son) Amit Kumar Verma V\/s. Union of India Habeas Corpus No. 27130\/2019 FACTS OF THE CASE The present writ petition is preferred against the impugned order dated 03.07.2019 passed by District Magistrate, Kheri pertaining to Preventive detention […]","og_url":"https:\/\/lexforti.com\/legal-news\/the-preventive-detention-is-an-encroachment-upon-the-personal-liberty-of-an-individual-and-cannot-be-said-to-be-encroached-in-a-casual-manner-moreover-possibility-of-political-influence-cannot-be-ru\/","og_site_name":"LexForti","article_publisher":"https:\/\/www.facebook.com\/Lexforti\/","article_author":"https:\/\/www.facebook.com\/harshit.sharma.1048","article_published_time":"2020-04-23T10:29:51+00:00","article_modified_time":"2021-01-07T05:28:34+00:00","og_image":[{"width":400,"height":225,"url":"https:\/\/i1.wp.com\/lexforti.com\/legal-news\/wp-content\/uploads\/2020\/04\/Untitled-design.jpg?fit=400%2C225&ssl=1","type":"image\/jpeg"}],"author":"Hshits1997","twitter_card":"summary_large_image","twitter_misc":{"Written by":"Hshits1997","Est. reading time":"4 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/lexforti.com\/legal-news\/the-preventive-detention-is-an-encroachment-upon-the-personal-liberty-of-an-individual-and-cannot-be-said-to-be-encroached-in-a-casual-manner-moreover-possibility-of-political-influence-cannot-be-ru\/#article","isPartOf":{"@id":"https:\/\/lexforti.com\/legal-news\/the-preventive-detention-is-an-encroachment-upon-the-personal-liberty-of-an-individual-and-cannot-be-said-to-be-encroached-in-a-casual-manner-moreover-possibility-of-political-influence-cannot-be-ru\/"},"author":{"name":"Hshits1997","@id":"https:\/\/lexforti.com\/legal-news\/#\/schema\/person\/da5b12bcf24f10dd6314543ccd840355"},"headline":"The preventive detention is an encroachment upon the personal liberty of an individual and cannot be said to be encroached in a casual manner; Moreover, possibility of political influence cannot be ruled out in these cases: Allahabad HC","datePublished":"2020-04-23T10:29:51+00:00","dateModified":"2021-01-07T05:28:34+00:00","mainEntityOfPage":{"@id":"https:\/\/lexforti.com\/legal-news\/the-preventive-detention-is-an-encroachment-upon-the-personal-liberty-of-an-individual-and-cannot-be-said-to-be-encroached-in-a-casual-manner-moreover-possibility-of-political-influence-cannot-be-ru\/"},"wordCount":774,"commentCount":0,"publisher":{"@id":"https:\/\/lexforti.com\/legal-news\/#organization"},"articleSection":["Supreme Court Judgement"],"inLanguage":"en-US","potentialAction":[{"@type":"CommentAction","name":"Comment","target":["https:\/\/lexforti.com\/legal-news\/the-preventive-detention-is-an-encroachment-upon-the-personal-liberty-of-an-individual-and-cannot-be-said-to-be-encroached-in-a-casual-manner-moreover-possibility-of-political-influence-cannot-be-ru\/#respond"]}]},{"@type":"WebPage","@id":"https:\/\/lexforti.com\/legal-news\/the-preventive-detention-is-an-encroachment-upon-the-personal-liberty-of-an-individual-and-cannot-be-said-to-be-encroached-in-a-casual-manner-moreover-possibility-of-political-influence-cannot-be-ru\/","url":"https:\/\/lexforti.com\/legal-news\/the-preventive-detention-is-an-encroachment-upon-the-personal-liberty-of-an-individual-and-cannot-be-said-to-be-encroached-in-a-casual-manner-moreover-possibility-of-political-influence-cannot-be-ru\/","name":"The preventive detention is an encroachment upon the personal liberty of an individual and cannot be said to be encroached in a casual manner; Moreover, possibility of political influence cannot be ruled out in these cases: Allahabad HC - LexForti","isPartOf":{"@id":"https:\/\/lexforti.com\/legal-news\/#website"},"datePublished":"2020-04-23T10:29:51+00:00","dateModified":"2021-01-07T05:28:34+00:00","breadcrumb":{"@id":"https:\/\/lexforti.com\/legal-news\/the-preventive-detention-is-an-encroachment-upon-the-personal-liberty-of-an-individual-and-cannot-be-said-to-be-encroached-in-a-casual-manner-moreover-possibility-of-political-influence-cannot-be-ru\/#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/lexforti.com\/legal-news\/the-preventive-detention-is-an-encroachment-upon-the-personal-liberty-of-an-individual-and-cannot-be-said-to-be-encroached-in-a-casual-manner-moreover-possibility-of-political-influence-cannot-be-ru\/"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/lexforti.com\/legal-news\/the-preventive-detention-is-an-encroachment-upon-the-personal-liberty-of-an-individual-and-cannot-be-said-to-be-encroached-in-a-casual-manner-moreover-possibility-of-political-influence-cannot-be-ru\/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/lexforti.com\/legal-news\/"},{"@type":"ListItem","position":2,"name":"The preventive detention is an encroachment upon the personal liberty of an individual and cannot be said to be encroached in a casual manner; Moreover, possibility of political influence cannot be ruled out in these cases: Allahabad HC"}]},{"@type":"WebSite","@id":"https:\/\/lexforti.com\/legal-news\/#website","url":"https:\/\/lexforti.com\/legal-news\/","name":"LexForti","description":"Legal","publisher":{"@id":"https:\/\/lexforti.com\/legal-news\/#organization"},"potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/lexforti.com\/legal-news\/?s={search_term_string}"},"query-input":"required name=search_term_string"}],"inLanguage":"en-US"},{"@type":"Organization","@id":"https:\/\/lexforti.com\/legal-news\/#organization","name":"LexForti Legal News & Journal","url":"https:\/\/lexforti.com\/legal-news\/","logo":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/lexforti.com\/legal-news\/#\/schema\/logo\/image\/","url":"https:\/\/i2.wp.com\/lexforti.com\/legal-news\/wp-content\/uploads\/2020\/08\/159134300345793876.png?fit=404%2C404&ssl=1","contentUrl":"https:\/\/i2.wp.com\/lexforti.com\/legal-news\/wp-content\/uploads\/2020\/08\/159134300345793876.png?fit=404%2C404&ssl=1","width":404,"height":404,"caption":"LexForti Legal News & Journal"},"image":{"@id":"https:\/\/lexforti.com\/legal-news\/#\/schema\/logo\/image\/"},"sameAs":["https:\/\/www.facebook.com\/Lexforti\/","https:\/\/www.instagram.com\/lexforti\/","https:\/\/www.linkedin.com\/company\/lex-forti\/"]},{"@type":"Person","@id":"https:\/\/lexforti.com\/legal-news\/#\/schema\/person\/da5b12bcf24f10dd6314543ccd840355","name":"Hshits1997","image":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/lexforti.com\/legal-news\/#\/schema\/person\/image\/","url":"https:\/\/lexforti.com\/legal-news\/wp-content\/uploads\/2021\/01\/159134300345793876-96x96.png","contentUrl":"https:\/\/lexforti.com\/legal-news\/wp-content\/uploads\/2021\/01\/159134300345793876-96x96.png","caption":"Hshits1997"},"description":"Harshit Sharma Advocate is a practising lawyer at the High Court of Madhya Pradesh, Bench at Gwalior. He started his litigation practice before the Hon\u2019ble High Court of Madhya Pradesh since August, 2020 after being enrolled with the State Bar Council of Madhya Pradesh at enrolment number MP\/1228\/2020. Mr. Sharma hails from a generous and morally-valued driven family. He is the second-generation lawyer in his family who has taken up the task of stepping on the foot-steps of his father and the leading criminal advocate of the Gwalior Bar Sh. Vijay Dutt Sharma, Advocate. He always valued to strike a balance between education and moral-values which he quotes to have been a reflection of his mother Smt. Kusum Sharma and possibly this magical combination of the intellectual father and caring mother sailed him through to take the beautiful and successful academic leap, in both school as well as University. To quote the glorious academic years of Mr. Sharma, it all started with he been awarded with the Soli Sorabjee Award, which is bestowed upon the Legal Studies Topper of Class-XI (CBSE) of Gwalior Glory High School, Gwalior (M.P.). Since then, it has been the blessings of his parents, sister, teachers and family members that he completed his five-year integrated law course in B.A., LL.B. (Hons.) from Amity Law School, Amity University Madhya Pradesh, Gwalior with flying colours and been the over-all topper of the course since its inception to its culmination. Mr. Sharma also had in his names to attend various national and international seminars on growing issues in the field of law and throughout his college life, he has been an active member of the Moot Court Committee and in the culminating years of his college life, he has also served as the Chairperson of the Moot Court Committee of Amity Law School, Amity University Madhya Pradesh. His experience owed from his association with top-notched institutions of the country and law offices, including National Human Rights Commission, National Judicial Academy Bhopal, Chambers of Sh. Sanjay Gupta Ji Advocate (Gwalior, M.P.), Sh. Deepak Vasant Rao Khot Ji Advocate (Gwalior, M.P.), Sh. Fuzail Ahmad Ayyubi Ji Advocate (A-O-R Supreme Court of India), Sh. Vaibhav Shrivastava Ji (Office of Sh. Vivek Tankha Ji Senior Advocate), Sh. Prashant Vaxish Advocate (Supreme Court of India) to name a few. Apart from being an avid learner and through-out student of Law, Mr. Sharma has under his name various research papers and articles published in National as well as International Journals and UGC-Approved Journals, pan India. More so, he is a constant content writer for various online blogs including the LatestLaws.com, Lawyers Club India, Legal Services India, Advocates Pedia Foundation, etc. In addition to his academic excellence, he is green-belt holder in karate and has been a district-level Judo and Table-Tennis Player for his School Team. He is fond of reading books and to pen poetries in both, English as well as Hindi language is his best hobby to spare time with.","sameAs":["https:\/\/www.facebook.com\/harshit.sharma.1048"],"url":"https:\/\/lexforti.com\/legal-news\/author\/hshits1997\/"}]}},"views":108,"_links":{"self":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/412"}],"collection":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/users\/144"}],"replies":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/comments?post=412"}],"version-history":[{"count":1,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/412\/revisions"}],"predecessor-version":[{"id":6974,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/412\/revisions\/6974"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/media\/199"}],"wp:attachment":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/media?parent=412"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/categories?post=412"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/tags?post=412"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}