Search Results for "Preventive Detention Act"

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Search Results for "Preventive Detention Act"

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High Court

Bombay High Court Quashes Detention Order Under PITNDPS Act for Non-Communication of Grounds in Language Known to Detenu. Failure to Serve Grounds in English to South African National Who Does Not Know English Violates Article 22(5) of Constitution and Section 8 of PITNDPS Act.

15 Sep 2022

The petitioner, Agisilaos Demetriades, a South African national, challenged an order of detention dated 21.09.2021 passed by Respondent No.2, the Join...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Failure to Consider Detenu's Judicial Custody and Lack of Bail Possibility. Preventive Detention Order Invalidated as Subjective Satisfaction Vitiated Due to Non-Application of Mind to Custody Status Under Section 3(2) of MPDA Act.

21 Feb 2005

The petitioner, Shahid Hussain Iqbal Shaikh @ Kanya Babu, challenged an order of detention dated 6-9-2004 passed by the Commissioner of Police, Brihan...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act Due to Unexplained Delay, Non-Consideration of Bail Order, and Violation of Article 22(5). Detaining Authority Failed to Communicate Representation Decision and Consider Bail Order; Violated Petitioner's Constitutional Right.

29 Feb 2024

The case pertained to a writ of habeas corpus filed by the detenu challenging a preventive detention order under the Maharashtra Prevention of Dangero...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Lack of Proximity. Preventive detention order set aside as the detaining authority failed to consider the petitioner's bail application and did not establish a nexus between the alleged prejudicial activities and disturbance of public order.

12 Sep 2025

The petitioner, Feroz Khaja Mohammad Shaikh, challenged an order of detention dated 3rd February 2025 passed by the Commissioner of Police, Nashik Cit...

High Court

High Court of Karnataka Quashes Detention Order Under COFEPOSA Act for Non-Application of Mind and Delay in Representation. Preventive Detention Invalid as Detaining Authority Failed to Consider Less Restrictive Measures and Unexplained Delay of 22 Days in Disposal of Representation Violated Article 22(5) of Constitution.

18 Jul 2019

The petitioner, Smt. Maimuna, wife of the detenu Sri. Akbar Siddik, filed a writ petition under Article 226 of the Constitution of India challenging t...

High Court

Bombay High Court Quashes MPDA Detention Order Against Petitioner for Non-Application of Mind and Multiple Preventive Actions on Same Set of Facts. The court held that the detention order under Section 3 of MPDA Act was unsustainable as it was based on the same facts already considered in chapter proceedings and externment proceedings, and the petitioner did not habitually commit offences to be categorized as a dangerous person.

24 Aug 2021

The petitioner, Shri Chotu Mohan Naidu, filed a Criminal Writ Petition before the Bombay High Court challenging an order of detention dated 05.03.2021...

High Court

Bombay High Court Dismisses Detenu's Challenge to Preventive Detention Order Under Maharashtra Prevention of Dangerous Activities Act, 1981. Court Rules That Acquittal in One Offence Does Not Vitiate Detention When Pattern of Repeated Offences Exists; and Failure to Specify Exact Period in Initial Order Not Fatal.

26 Jul 2018

The matter arises from a petition filed by Dinesh S/o. Nimba Gaikawad challenging a preventive detention order passed under the Maharashtra Prevention...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Act Due to Non-Application of Mind and Non-Supply of Relevant Documents. Detenu's Right to Make Effective Representation Under Article 22(5) of Constitution Violated.

26 Oct 2010

The petitioner, brother of the detenu, challenged the detention order dated 2nd April 2009 passed by respondent no.2 under Section 3(1) of the Conserv...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Bail Conditions and Inadequate Material to Show Disturbance of Public Order. The court held that preventive detention requires a threat to public order, not mere law and order issues, and that unexplained delay vitiates the order.

29 Jun 2021

The petitioner, Ganesh alias Gajaraj Sainath Patil, challenged a detention order dated 19 January 2021 passed by the Collector and District Magistrate...

High Court

Bombay High Court Quashes Detention Order Under MPD Act for Non-Application of Mind and Lack of Public Order Disturbance. Detenu's Preventive Detention as Dangerous Person Set Aside as In-Camera Statements Were Not Properly Considered and Bail/Notice Under Section 41-A CrPC Were Ignored.

21 Apr 2023

The petitioner, Atahar Khan Amir Khan, a detenu, challenged the detention order dated 29.08.2022 passed by the Collector and District Magistrate, Akol...

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