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Bombay High Court Quashes Detention Order Under MPDA Act for Failure to Consider Detenu's Custody Status. Preventive detention order set aside as detaining authority did not record satisfaction that detenu was likely to be released on bail.

The petitioner, Mujammil @ Murgya Sabbir Mokashi, challenged an order of detention dated 26.09.2015 passed by the Commissioner of Police, Pune City un...

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Bombay High Court Dismisses Successive Habeas Corpus Petitions Challenging COFEPOSA Detention Orders on Grounds of Constructive Res Judicata. Fresh Grounds Must Be Raised in Earlier Petitions or Are Barred.

The judgment concerns two criminal writ petitions filed under Article 226 of the Constitution of India challenging orders of detention passed under Se...

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Bombay High Court Quashes Detention Order Under MPD Act Due to Unexplained Delay in Deciding Representation. Unexplained Delay of Over 30 Days in Deciding Representation Violates Fundamental Right Under Article 22(5) of the Constitution of India.

The petitioner, Ajay Suresh Alande, brother of the detenu Chetan Suresh Alande, filed a Criminal Writ Petition challenging the detention order dated 2...

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Bombay High Court Quashes COFEPOSA Detention Order Due to Illegible Documents Violating Article 22(5). Supplying illegible documents amounts to non-communication of grounds, depriving detenu of effective representation.

The petitioner, Sanjay Soni, challenged a detention order dated 25th January 2012 passed under Section 3(1) of the Conservation of Foreign Exchange an...

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Bombay High Court Allows Petition Challenging Continued Detention Under MPDA Act Due to Non-Consideration of Representation. Failure of Detaining Authority to Consider Detenu's Representation Before State Government Approval Violates Article 22(5) of the Constitution.

The petitioner, Arif Amin Shaikh, was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Dru...

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Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Consideration of Representation and Non-Application of Mind. Detenu's representation dated 7-9-2004 was not considered by the detaining authority, and the detention order disclosed total non-application of mind.

The petitioner, Sanpreet Kaur Tejpal Singh, wife of the detenu Tejpal Mann Singh, challenged the detention order dated 6-2-2004 passed by respondent N...