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Madras High Court Allows Habeas Corpus Petition Due to Unexplained Delay in Preventive Detention. Delay of 38 Days Between Arrest and Detention Order Snaps Live and Proximate Link, Rendering Detention Invalid Under Tamil Nadu Act 14 of 1982.

The petitioner, Matheshwari, mother of the detenu Jeganraj, filed a Habeas Corpus Petition under Article 226 of the Constitution of India before the M...

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Madras High Court Allows Habeas Corpus Petition in Goonda Detention Case Due to Inordinate Delay — Live Link Snapped Between Grounds and Purpose of Detention. Unexplained delay of 54 days between arrest and detention order renders detention invalid under Tamil Nadu Act 14 of 1982.

The petitioner, sister of the detenu Manikandan @ Pambu Mani, filed a habeas corpus petition challenging the detention order passed by the Commissione...

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Madras High Court Allows Habeas Corpus Petition Due to Inordinate Delay in Passing Detention Order — Live and Proximate Link Snapped Between Grounds and Purpose of Detention Under Tamil Nadu Act 14 of 1982. Delay of 54 Days Between Arrest and Detention Order Renders Detention Invalid.

The petitioner, brother of the detenu Mohankumar @ Raja, filed a habeas corpus petition challenging the detention order passed by the Commissioner of ...

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Madras High Court Allows Habeas Corpus Petition in Drug Offender Case Due to Inordinate Delay in Passing Detention Order. Unexplained Delay of 32 Days Between Arrest and Detention Order Snaps Live and Proximate Link Under Section 2(e) of Tamil Nadu Act 14 of 1982.

The petitioner, Sakthivel, father of the detenu Sathiyaseelan, filed a habeas corpus petition under Article 226 of the Constitution of India before th...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind. Preventive detention order set aside as detaining authority mechanically recited grounds without considering detenu's custody status.

The petitioner, Rohit Sidram Khatal, challenged an order of detention dated 17/3/2020 passed by the Commissioner of Police, Solapur under Section 3 of...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Non-Consideration of Representation. Preventive Detention Invalidated as Detaining Authority Failed to Properly Consider Detenu's Representation and Apply Mind to Material.

The petitioner, Jaggu Sardar @ Jagdish Tirathsing Labana @ Punjabi, challenged his detention order dated 14 October 2019 passed by the Commissioner of...

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Bombay High Court Quashes COFEPOSA Detention Orders for Non-Application of Mind. Detaining Authority Failed to Consider Relevant Material and Relied on Irrelevant Grounds, Rendering Subjective Satisfaction Invalid.

The Bombay High Court delivered a common judgment in two writ petitions filed under Article 226 of the Constitution of India seeking writs of habeas c...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Detenu in Judicial Custody Without Bail Application. Failure to Disclose Compelling Reasons for Detention Despite Awareness of Custody Renders Order Invalid Under Section 3(1) of MPDA Act, 1981.

The petitioner, Pravin @ Purshottam Shrinivas Mahajan, challenged an order of preventive detention dated 29 April 2014 passed by the Commissioner of P...

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Bombay High Court Quashes Detention Order Under MPID Act for Non-Supply of Vital Bail Documents. Failure to furnish bail application and order to detenu violated Article 22(5) of Constitution and Section 8(b) of Maharashtra Prevention of Dangerous Activities Act, 1981.

The petitioner, Hemchand Somnath Gupta, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offender...