Search Results for "externment order quashed"

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Search Results for "externment order quashed"

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High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay and Lack of Public Order Element. Single Crime and In-Camera Statements Insufficient to Justify Preventive Detention Under Section 3(1) of Maharashtra Prevention of Dangerous Activities Act, 1981.

24 Sep 2025

The petitioner, Umesh Shivaji Vetal, challenged an order of detention dated 09.06.2025 passed by the District Magistrate, Ahilyanagar, under Section 3...

High Court

Bombay High Court Quashes Detention Orders Under MPDA Act for Non-Application of Mind and Lack of Subjective Satisfaction. Preventive Detention Orders Set Aside as Detaining Authority Failed to Consider Petitioners' Custody Status and Relied on Unverified In-Camera Statements.

30 Aug 2005

The petitioners, Pravin Nivrutti Pagare, Sunil Mahadeo Khandagale, and Vijay Premnath Gosavi, were detained under Section 3(1) of the Maharashtra Prev...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Stale Grounds. Preventive Detention Cannot Be Based on Old Incidents Without Proximate Link to Public Order.

16 Feb 2012

The petitioner, Adil Chaus, challenged an order of preventive detention passed by the Commissioner of Police, Aurangabad, on 30 August 2011 under Sect...

High Court

High Court Quashes Preventive Detention Order Under MPDA Act Due to Lack of Compelling Necessity for Detaining Person Already in Custody. Detaining Authority Failed to Provide Cogent Material Showing Likelihood of Detenu's Release on Bail, Rendering Detention Order Invalid.

6 Jun 2005

Background: The case involves a writ petition under Article 226 of the Constitution challenging a preventive detention order passed against the petiti...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind. Preventive Detention Cannot Be Based on Mere Criminal Antecedents Without Evidence of Public Order Disturbance.

8 Mar 2021

The petitioner, Ashok Kisan Jadhav, challenged his detention under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-...

High Court

Bombay High Court Quashes MPDA Detention Order for Lack of Public Order Impact — Mere Law and Order Issues Insufficient for Preventive Detention Under Section 3(1) of MPDA Act. The court held that the detaining authority's subjective satisfaction must be based on material showing a threat to public order, not merely law and order, and that eight past criminal cases and a chapter case did not establish such a threat.

19 Sep 2025

The petitioner, Prashik @ Parshya Dilip Odhane, challenged a detention order dated 01.07.2025 passed by the District Magistrate, Nanded, under Section...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind and Unexplained Delay. Preventive detention order set aside as detaining authority passed order within two days of receiving 287-page material, indicating lack of proper application of mind, and there was unexplained delay of 10 months from the first offence.

27 Feb 2020

The petitioner, Salauddin Imamuddin Ansari, father of the detenu Javed @ Sajan Salauddin Ansari, filed a criminal writ petition before the Bombay High...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of 'Public Order' Impact — Definition of 'Dangerous Weapon' Held Unconstitutionally Vague. The court held that mere possession of a weapon without evidence of public disturbance cannot justify preventive detention under Section 3(2) of the Maharashtra Prevention of Dangerous Activities Act, 1981.

11 Oct 2017

The petitioner, Iqbal Munnaf Sayyed, was detained under Section 3(2) of the Maharashtra Prevention of Dangerous Activities Act, 1981 (MPDA) by an orde...

Supreme Court

Supreme Court Allows State Appeal in Externment Case Under Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 — Additional District Magistrate Competent to Pass Externment Orders Under Section 13 Notification. The Court held that the High Court erred in relying on Ajaib Singh v. Gurbachan Singh as the statutory scheme under the Adhiniyam, 1990, including Section 18, expressly permits delegation of powers to Additional District Magistrates.

30 Jan 2019

The State of Madhya Pradesh appealed against a Division Bench judgment of the High Court that had quashed externment orders passed by the Additional D...

High Court

Bombay High Court Quashes Preventive Detention Order for Detenu Already in Jail — Subjective Satisfaction Vitiated. Detention under Maharashtra Prevention of Dangerous Activities Act, 1981 set aside as detaining authority failed to consider necessity of preventive detention when detenu was already in custody.

7 Aug 2012

The petitioner, Pramod Ashok Pujari, was a detenu under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders a...

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