Section 5. Power to regulate place and conditions of detention
Every person in respect of whom a detention order has been made shall be liable--
(a) to be detained in such place and under such conditions including conditions as to maintenance, interviews or communication with others, discipline and punishment for breaches of discipline, as the appropriate Government may, by general or special order, specify; and
(b) to be removed from one place of detention to another place of detention, whether within the same State or in another State by order of the appropriate Government:
Provided that no order shall be made by a State Government under clause (b) for the removal of a person from one State to another State except with the consent of the Government of that other State.
Judgements applying section 5
Petition challenging forfeiture of properties under SAFEMA and the COFEPOSA detention order underlying it. The detenu had been acquitted in the smuggling case; the properties stood in the names of his widow and HUF and were purchased through loans disclosed in income tax returns.
AllowedOpenTHE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No. 1252 OF 2004 Union of India Petitioner Vs. Mr. Prabodh G. Rawal & Anr. Respondents Mr. R. F. Lambay, for the Petitioner. Mrs. R. M. Gadhavi, A
DisposedOpenHIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.146 OF 2004 Suresh Kumar Jain ) Residing at Vasant Vihar Co-op. ) Housing Society, Behind Vasant ) Talkies, Mumbai, presently in ) the Mumbai Centr
DismissedOpenHIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 12592 of 2002 For Approval and Signature: HON'BLE MR.JUSTICE J.R.VORA ============================================================ 1. Whether Reporters of Local Papers may be a
DismissedOpenKantilal Damodardas Shah C/O Rajkamal Provisions Stores Vs Union of India through Secretary
Outcome: DismissedHIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No 477 of 1997 with LETTERS PATENT APPEAL No 616 of 1997 with LETTERS PATENT APPEAL No 617 of 1997 For Approval and Signature: Hon'ble MR.JUSTICE R.K.ABICHANDANI and Hon'ble MR.JUSTIC
DismissedOpenHIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No 646 of 1994 For Approval and Signature: Hon'ble MR.JUSTICE B.C.PATEL and Hon'ble MR.JUSTICE R.K.ABICHANDANI and Hon'ble MR.JUSTICE M.R.CALLA ================================
DismissedOpen