Search Results for "Habeas Corpus Petition"

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Search Results for "Habeas Corpus Petition"

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High Court

Bombay High Court Dismisses Habeas Corpus Petition Challenging Arrest as Illegal Due to Delay in Production and Non-Communication of Grounds. Court holds that arrest shown at 15:21 hours on 11th May 2025 and production on 12th May 2025 is within 24 hours under Section 58 of BNSS, and grounds of arrest were communicated to the accused.

3 Sep 2025

The petitioner, Nawbar Mamu Irani, is the mother of Kausar Yusuf Ali Jafari @ Bushi, who is lodged in Thane Central Prison. The petitioner filed a wri...

High Court

Bombay High Court Dismisses Habeas Corpus Petition of Police Officer in NIA Case — Detention Held Valid Despite Procedural Challenges. Court finds no violation of Section 45 CrPC, Section 167 CrPC, or Section 309 CrPC as consent was not required, first remand by Special Judge was valid, and remand continued through cognizance and subsequent orders.

6 Mar 2025

The petitioner, Sachin Hindurao Waze, a police officer, was arrested by the NIA on 13 March 2021 in connection with three interconnected incidents: th...

High Court

Madras High Court Closes Habeas Corpus Petition After Detention Order Revoked by Competent Authority. The court held that no further adjudication is required when the detention order is already revoked.

31 Jan 2025

The petitioner, Usha, sister of the detenue Vijay @ Pulipandi, filed a Habeas Corpus Petition under Article 226 of the Constitution of India before th...

High Court

Madras High Court Allows Habeas Corpus Petition in Preventive Detention Case — Detention Order Quashed Due to Lack of Public Order Threat. Preventive detention under Act 14 of 1982 set aside as ordinary law sufficient for Prohibition Act offences.

20 Jan 2025

The petitioner, V. Jayalakshmi, wife of the detenu Venkatesan, filed a habeas corpus petition under Article 226 of the Constitution of India challengi...

Supreme Court

Supreme Court Quashes Detention Order in COFEPOSA Case Due to Non-Supply of Vital Material and Inordinate Delay in Deciding Representation. Preventive detention under Section 3(1) of COFEPOSA set aside as statements of key witness not furnished to detenu, violating Article 22(5) right to make effective representation.

31 Jul 2024

The appellant, wife of detenu Appisseril Kochu Mohammed Shaji, challenged the detention order dated 31.08.2023 passed under Section 3(1) of COFEPOSA b...

High Court

Bombay High Court Allows Habeas Corpus Petition Challenging Preventive Detention Under COFEPOSA Act Due to Unexplained Delay in Deciding Representation. Violation of Article 22(5) of the Constitution of India renders detention order invalid.

22 Dec 2014

The petitioner, father of the detenu Chirag D. Shah, filed a writ of habeas corpus under Article 226 of the Constitution of India challenging a preven...

High Court

Bombay High Court Allows Father's Custody Petition for Minor Son in Habeas Corpus Proceedings. Father, acquitted of murder charges, held entitled to custody of his child as natural guardian under Section 6 of the Hindu Minority and Guardianship Act, 1956, despite allegations of misconduct.

27 Feb 2014

The petitioner, Amol Ramesh Pawar, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking custody of his minor son Teja...

High Court

Bombay High Court Quashes COFEPOSA Detention Orders for Smuggling of Red Sanders/Sandalwood — Failure to Consider Less Restrictive Alternatives and Non-Application of Mind. Preventive detention under Section 3(1) of COFEPOSA set aside as detaining authority did not consider possibility of prosecution under Customs Act and failed to apply mind to relevant material.

24 Jul 2013

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

High Court

Bombay High Court Quashes Preventive Detention Order Under PITNDPS Act Due to Inordinate Delay in Execution — Detenu Surrendered Voluntarily After 17 Years, Detention Order Held Stale and Non-Operative. The court held that an unexplained delay of 17 years between the passing of a detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 and its execution renders the order stale and vitiates the subjective satisfaction of the detaining authority.

10 Oct 2012

The petitioner, Smt. Heena Kausar, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking to set aside a preventive det...

Supreme Court

Supreme Court Dismisses Detenu's Appeal Against Order of Detention Under Defence of India Rules, 1962 - Mala Fide Plea Not Substantiated; High Court's Refusal to Call for File or Require Chief Minister's Affidavit Upheld. Detention Order Based on Subjective Satisfaction Under Rule 30 of the Defence of India Rules, 1962 Was Not Vitiated by Mala Fides or Procedural Error.

27 Jul 1966

The appellant, Jaichand Lall Sethia, was detained under Rule 30 of the Defence of India Rules, 1962, by an order passed by the State of West Bengal. H...

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