Accused was tried and acquitted by the Court, as several witnesses failed to testified against the accused. after his acquital the detention authority detained the accused under National Security Act. Is the detention a valid detention?
N.K.Assumi (Advocate) 16 June 2010
Accused was tried and acquitted by the Court, as several witnesses failed to testified against the accused. after his acquital the detention authority detained the accused under National Security Act. Is the detention a valid detention?
Suchitra. S (Advocate) 16 June 2010
N.K.Assumi (Advocate) 16 June 2010
Yes, Suchitra you are right regarding the subjective satisfaction of the detaining authority. But that subjective satisfaction must based on certain grounds and that grounds should be reasonable grounds and not just a wild imagination. Here the accused was acquitted followed by another detention, so what can be the grounds for such detention after acquittal and whether such detention is legal and valid.
SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL)) 16 June 2010
once acqitted person need not be convicted for the same crime deobule jeopardy
Suchitra. S (Advocate) 16 June 2010
Srikanth Sir, now it is only detention, not conviction of that person again.
N.K.Assumi (Advocate) 16 June 2010
Very Clever indeed Suchitra. So what is the basis of his detention after acquittal?
Suchitra. S (Advocate) 16 June 2010
Sir, I think detention is up to the authority under the Act. I cant say more than this. The Act doesnt speak about detention after aquittal.. :)
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