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Bombay High Court Quashes COFEPOSA Detention Order at Pre-Execution Stage Due to Non-Application of Mind and Mechanical Exercise of Power. Detaining Authority Failed to Consider Relevant Material and Grounds of Detention Were Vague and Stale.

The petitioner, Karnaram Lumbaji Choudhary, challenged a detention order dated 8th March 2018 passed by the Joint Secretary, Government of India, unde...

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Bombay High Court Considers Writ Petition Against Preventive Detention Under MPDA Act, 1981. Detention Order Under Section 3(2) Challenged for Non-Application of Mind and Lack of Credible Material.

The petitioner, Manoj @ Sonya S/o Ramdas Ghule, filed a criminal writ petition under Articles 14, 19, 21, 22 and 226 of the Constitution of India and ...

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Bombay High Court Quashes FIR and Sessions Case for Abetment of Suicide and Outraging Modesty Due to Lack of Proximate Link Between Alleged Acts and Suicide. Suicide Note Not Attributed to Applicant; No Evidence of Instigation or Intent Under Section 306 IPC.

The applicant, Pravin Solanke, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 0109/2017 d...

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Bombay High Court Quashes Preventive Detention Orders Under COFEPOSA for Lack of Proximity and Non-Application of Mind. Detention orders set aside as the detenus were not directly involved in smuggling and the detaining authority failed to consider less drastic alternatives.

The Bombay High Court, by a judgment dated 24 January 2014, allowed two criminal writ petitions challenging preventive detention orders passed under S...

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Bombay High Court Quashes Detention Order Under COFEPOSA Due to Unexplained Delay in Execution and Consideration of Representation. Delay of Over Five Months in Executing Detention Order and Three Months in Considering Representation Violates Article 22(5) of Constitution and Section 3(1) of COFEPOSA Act.

The petitioner, a friend of the detenu Mohd. Kunhi Kallattra, challenged a detention order dated 28.2.2002 issued by the Secretary (Preventive Detenti...

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High Court of Karnataka Disposes of Death Reference and Appeals Arising from 2000 Church Bomb Blast Case. Accused Allegedly part of Deendar Anjuman, charged with conspiracy under IPC Sections 120-B, 121-A, 124-A, 153-A.

On December 17, 2014, the High Court of Karnataka delivered a common judgment in Criminal RC No. 3/2008, Criminal Appeal No. 1203/2008, and Criminal A...

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Supreme Court Directs Matters to Final Hearing on Whether Pre-execution Challenge to COFEPOSA Detention Orders Can Be on Grounds Beyond Alka Subhash Gadia Exceptions. The Court Examined if New Grounds Such as Absence of Live Link and Delay Could Be Used to Challenge Detention Orders Before Execution.

The Supreme Court dealt with a batch of matters challenging detention orders passed under the Conservation of Foreign Exchange and Prevention of Smugg...

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High Court of Karnataka Quashes Detention Order in Habeas Corpus Petition for Non-Compliance with Procedural Safeguards Under Karnataka Prevention of Dangerous Activities Act, 1985. Failure to Communicate Grounds of Detention in Language Known to Detenue Renders Detention Unlawful.

The petitioner, Dil Shad, wife of Huseen Kabeer, filed a habeas corpus petition under Articles 226 and 227 of the Constitution of India challenging th...