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High Court of Karnataka Quashes Detention Order in Habeas Corpus Petition for Non-Compliance with Procedural Safeguards Under Karnataka Prevention of Dangerous Activities Act, 1985. Failure to Communicate Grounds of Detention in Language Known to Detenue Renders Detention Unlawful.

The petitioner, Dil Shad, wife of Huseen Kabeer, filed a habeas corpus petition under Articles 226 and 227 of the Constitution of India challenging th...

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Bombay High Court Quashes MPDA Detention Order for Lack of Proximate Link Between In-Custody Offences and Breach of Public Order. Detenu's Criminal Activities While in Custody Cannot Form Basis for Preventive Detention Under Section 3(2) of MPDA Act, 1981.

The petitioner, father of the detenu Pruthviraj Vilas Aawale, challenged the detention order dated 16 December 2022 passed by the District Magistrate,...

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Supreme Court Quashes Preventive Detention Order in Telangana Act Case Due to Non-Application of Mind and Stale Material. Detenu Granted Bail Months Before Detention Order, Conditions Fulfilled, No Breach of Public Order Established.

The Supreme Court allowed the appeal against the preventive detention of the detenu under the Telangana Prevention of Dangerous Activities Act, 1986. ...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Lack of Material to Show Public Order Threat. Theft of sand and IPC offences held to be law and order issues, not public order.

The petitioner, Narayan Radhakishan Bhusari, challenged his preventive detention under Section 3 of the Maharashtra Prevention of Dangerous Activities...

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Bombay High Court Quashes Detention Order in COFEPOSA Case Due to Non-Application of Mind and Non-Supply of Documents. Nephew of detenu successfully challenged preventive detention order under Section 3(1) of COFEPOSA on grounds of procedural irregularities and lack of material evidence.

The petitioner, nephew of the detenu Salma Karolia, challenged a detention order dated 30th September 2014 issued under Section 3(1) of the Conservati...

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Bombay High Court Quashes Preventive Detention Orders in Red Sanders Smuggling Case — Failure to Consider Less Restrictive Alternatives. Detention under Section 3(1) of COFEPOSA set aside as detaining authority did not consider whether bail conditions or other measures would suffice.

The Bombay High Court allowed two habeas corpus petitions challenging preventive detention orders dated 21 February 2013 issued under Section 3(1) of ...

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Bombay High Court Quashes Preventive Detention Orders for Lack of Proximity Between Alleged Acts and Public Order. Detention under Maharashtra Prevention of Dangerous Activities Act, 1981 fails as alleged criminal acts do not affect public order but merely law and order.

The case involves three criminal writ petitions filed by Sayyed Muddasir Hussain and Sayyed Izaj Hussain challenging their preventive detention orders...