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Search Results for "detenue statement"

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High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Inordinate Delay in Considering Representation — Right to Make Effective Representation Violated Under Article 22(5) of Constitution. The court held that the failure to consider the detenu's representation expeditiously renders the continued detention illegal, emphasizing the constitutional safeguard under Article 22(5) of the Constitution of India.

30 Jul 2014

The petitioner, Ashish Robert Felix, was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, ...

High Court

High Court of Karnataka Hears Habeas Corpus Petition Challenging Preventive Detention under Goonda Act – Allegations of Non-Supply of Documents and Procedural Violations. Detenu Contends That Order Lacks Subjective Satisfaction and Fails to Comply with Section 10 and Section 3(2) Proviso of the Karnataka Prevention of Dangerous Activities Act, 1985.

14 Aug 2025

The writ petition under Articles 226 and 227 of the Constitution of India was filed by the wife of the detenu, Md. Rustum Ahmed @ Rustum, challenging ...

High Court

Karnataka High Court Dismisses Habeas Corpus Petition for Missing Husband — No Custodial Detention Found. Court holds that habeas corpus is not maintainable when the alleged detenu is not in police custody and his whereabouts are unknown.

24 Apr 2014

The petitioner, Usharani, filed a writ of habeas corpus under Articles 226 and 227 of the Constitution of India seeking a direction to the police auth...

High Court

High Court of Karnataka Quashes Preventive Detention Order for Non-Communication of Grounds in Known Language. Detenu's Right to Make Effective Representation Under Article 22(5) of Constitution Violated as Grounds Were Served in English, Not in Kannada Which Detenu Understood.

2 Jun 2016

The petitioner, Smt. Shylamma, mother of the detenu Abhishek @ Abhi @ Sutta, filed a habeas corpus petition under Articles 226 and 227 of the Constitu...

High Court

Karnataka High Court Allows Habeas Corpus Petition, Quashes Preventive Detention Order for Non-Application of Mind and Procedural Lapses. The court held that the detaining authority failed to consider relevant material and that delay in considering representation violated Article 22(5) of the Constitution.

26 Jun 2025

The petitioner, Smt. Roopa, wife of the detenue Bharath Kumar, filed a Habeas Corpus petition under Article 226 of the Constitution of India challengi...

Supreme Court

Supreme Court Directs Matters to Final Hearing on Whether Pre-execution Challenge to COFEPOSA Detention Orders Can Be on Grounds Beyond Alka Subhash Gadia Exceptions. The Court Examined if New Grounds Such as Absence of Live Link and Delay Could Be Used to Challenge Detention Orders Before Execution.

1 Aug 2026

The Supreme Court dealt with a batch of matters challenging detention orders passed under the Conservation of Foreign Exchange and Prevention of Smugg...

High Court

High Court Quashes Pre-Execution Detention Order Under COFEPOSA Due to Violation of Statutory Safeguards. Order Passed Under Section 3(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 Set Aside Because No Steps Were Taken to Serve the Order or Grounds and Material.

30 Sep 2013

The petitioner, a businessman and proprietor of J.J. Enterprises engaged in importing mobile accessories, filed a writ petition under Article 226 of t...

Supreme Court

Supreme Court Quashes Detention Order Under National Security Act 1980 Due to Procedural Lapses in Considering Representation. The detention was found illegal as the authorities delayed considering the representation and failed to communicate the decision, violating Article 22(5) of the Constitution and procedural safeguards under the National Security Act 1980.

29 Oct 2021

The Supreme Court of India heard a criminal appeal challenging a detention order under the National Security Act 1980. The appellant, a hospital direc...

High Court

Karnataka High Court Quashes Detention Order Under Goonda Act in Favor of Detenue's Wife Due to Procedural Violations. Preventive Detention Invalid for Failure to Follow Section 8 Safeguards and Provide Effective Representation Under Article 22(5).

19 Jul 2023

The writ petition under Articles 226 and 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, was filed by Smt. B...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Mechanical Exercise of Power and Non-Application of Mind. Detention order bearing year 2021 passed in 2022 and failure to consider bail conditions vitiates subjective satisfaction under Section 3(2) of Maharashtra Prevention of Dangerous Activities Act, 1981.

3 May 2023

The petitioner, Mujib s/o Abdul Shaikh, challenged an order of preventive detention passed by the District Magistrate, Aurangabad, under Section 3(2) ...

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