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High Court

Bombay High Court Quashes Preventive Detention Order Under Maharashtra Prevention of Dangerous Activities Act, 1981 for Non-Application of Mind. Detention order set aside as detaining authority failed to consider that the petitioner was already in custody and no credible material showed likelihood of release or continued prejudicial activity.

23 Aug 2022

The petitioner, Dipak @ Fantya Ashokrao Kawanpure, filed a Criminal Writ Petition under Article 226 of the Constitution of India and Section 482 of th...

High Court

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.

14 Mar 2018

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

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind. Preventive Detention Order Set Aside as Detaining Authority Failed to Consider Bail Status of Detenu.

13 Feb 2018

The petitioner, Suryakant @ Mukesh Laxman Dhotre, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Dru...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind and Stale Grounds. The court held that the detaining authority failed to consider the detenu's custody and the delay in passing the order vitiated the subjective satisfaction.

23 Nov 2017

The petitioner, Samad Salim Khan, challenged an order of preventive detention passed by the Commissioner of Police, Mumbai, under Section 3(2) of the ...

High Court

Bombay High Court Decides on Validity of Preventive Detention Orders Under Maharashtra Dangerous Activities Act for Fixing One-Year Detention Period. Detention Orders Challenged as Contrary to Supreme Court Precedent Prohibiting Fixing Maximum Period Without Periodic Review.

13 Oct 2017

The Bombay High Court heard three criminal writ petitions together as they involved a common question of law regarding preventive detention orders pas...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act Due to Non-Application of Mind to Bail Conditions. Detenu Granted Bail in One Case and Remanded in Another, Yet Detaining Authority Failed to Consider Likelihood of Release and Continued Dangerous Activity.

12 Jul 2016

The petitioner, Mohammed Asif @ Mental Abdul Sattar Shaikh @ Mohd. Asif @ Mental Abdul Sattar Khan, challenged a preventive detention order dated 15.1...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind to Witness Statements. The court held that the detaining authority failed to properly consider in-camera statements, violating the detenu's right to make an effective representation under Article 22(5) of the Constitution.

14 Mar 2013

The petitioner, Ravi Hanumant Thorat, brother-in-law of the detenu Sahadeo @ Sada Laxman Dhavare, challenged the validity of a preventive detention or...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind to Bail Conditions. Failure to Consider Petitioner's Release on Bail in Criminal Case Rendered Detention Order Invalid.

14 Sep 2012

The petitioner, Nasir Ismail Mujavar, challenged a detention order dated 3 February 2012 passed by the Commissioner of Police, Mumbai, under the Mahar...

High Court

Bombay High Court Quashes Preventive Detention Order for Non-Communication of Grounds in Known Language — Violation of Article 22(5) of Constitution and Section 8 of Maharashtra Prevention of Dangerous Activities Act, 1981. The court held that the detaining authority must ensure grounds are communicated in a language known to the detenu to enable effective representation, and failure to do so renders the detention order invalid.

28 Aug 2012

The petitioner, Firoz Hyder Shaikh @ Kalya Firoz, was detained under a preventive detention order dated 5th September 2011 passed by the Commissioner ...

High Court

Bombay High Court Allows Habeas Corpus Petition Challenging Preventive Detention Under M.P.A.D. Act Due to Inordinate Delay in Considering Representation. Detenu's Right to Speedy Consideration of Representation Under Article 22(5) Violated, Detention Order Quashed.

16 Aug 2005

The petitioner, wife of the detenu Mohammed Iqbal @ Shembdya Iqbal @ Iqbal Jogeshwari Mohammed Hussain Mandal, filed a writ petition under Article 226...

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