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Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay of 5 Months. Failure to Comply with Section 3(3) Requirement of Forthwith Approval and Delay in Considering Representation Renders Detention Invalid.

The petitioner, Sachin Parshuram Mane, challenged an order of detention dated 30.06.2021 passed by the Commissioner of Police, Pune City under Section...

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Bombay High Court Quashes Detention Under MPDA Act for Lack of Evidence of Public Order Disturbance. Sand Smuggling and Criminal Acts Do Not Automatically Justify Preventive Detention as They Pertain to Law and Order, Not Public Order.

The petitioner, Baliram s/o Namdeo Bedke, challenged his preventive detention under the Maharashtra Prevention of Dangerous Activities of Slumlords, B...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Unexplained Delay in Disposal of Representation. Failure to Consider Detenu's Representation Promptly Violates Article 22(5) of the Constitution, Rendering Detention Invalid.

The petitioner, Yahya @ Ayya Akbar Khan, challenged a preventive detention order dated 30 July 2016 passed by the Commissioner of Police, Mumbai, unde...

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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 Detention Order Under Maharashtra Prevention of Dangerous Activities Act, 1981 for Non-Application of Mind to Bail Conditions. Detaining Authority Failed to Consider That Petitioner Was on Bail and Could Be Prosecuted Under Regular Law, Rendering Subjective Satisfaction Invalid.

The petitioner, Santosh Tukaram Chavan, was detained under Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, ...

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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...