Search Results for "Preventive Detention Act"

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act Due to Unexplained Delay in Deciding Representation. Delay of 13 Days in Deciding Detenu's Representation Violates Constitutional Safeguard Under Article 22(5) and Section 8(1) of MPDA Act, 1981.

The petitioner, Vinod Dhannulal Jaiswal, challenged an order of preventive detention passed by the District Magistrate, Aurangabad (respondent No.1) u...

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Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Subjective Satisfaction and Non-Consideration of Bail Orders. Detaining Authority's Failure to Interact with Witnesses and Consider Bail Orders Renders Detention Invalid.

The petitioner, Suraj @ Lalla Kalicharan Thakur, through his father, challenged the legality of a detention order dated 20/10/2022 passed by the Distr...

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Karnataka High Court Allows Habeas Corpus Petition Quashing Preventive Detention Order for Non-Application of Mind and Violation of Article 22(5). The court held that failure to communicate grounds of detention in a language understood by the detenu renders the detention illegal.

The petitioner, Yashoda, wife of the detenu Keshava Poojary @ Choni, filed a writ petition for habeas corpus under Article 226 of the Constitution of ...

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Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Material to Support Apprehension of Bail. Detenu in Judicial Custody Without Bail Application; Detaining Authority's Satisfaction of Imminent Release Held Unsubstantiated.

The petitioner, Sagar Sunil Gaikwad, challenged an order of detention dated 27 September 2017 passed by the Commissioner of Police, Pune, under Sectio...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Retraction of Statement and Bail Conditions Ignored, Violating Article 22(5) of the Constitution.

The petitioner, son of the detenu Bittu Choith Harchandani, challenged a detention order dated 16.4.2015 passed by the second respondent under Section...

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Supreme Court Considers Obligation of State Government to Consider Detenu's Representation Before Advisory Board in Preventive Detention Cases. Question of Whether Article 22(5) Mandates Separate Consideration by Government Before Referral to Advisory Board Under Preventive Detention Act, 1950.

The case involved writ petitions under Article 32 of the Constitution filed by Abdul Karim and Others against the State of West Bengal challenging the...