Search Results for "Detention Order Quashed"

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Search Results for "Detention Order Quashed"

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High Court

High Court of Karnataka Quashes Preventive Detention Under Goonda Act for Non-Application of Mind and Lack of Material. Detention order set aside as the detaining authority failed to consider the detenu's bail applications and did not provide relevant documents to the detenu, violating procedural safeguards under Article 22(5) of the Constitution.

16 Oct 2024

The petitioner, Smt. Sangeeta Sunkrol, wife of the detenu Satish @ Market Satya, filed a writ petition for habeas corpus challenging the detention ord...

High Court

Bombay High Court Quashes COFEPOSA Detention Order Due to 30-Year Delay in Execution — Inordinate Delay Snaps Live Link Between Grounds and Detention Purpose. Detention Order Under Section 3(1) of COFEPOSA Act Set Aside as Stale Grounds Violate Right to Representation Under Article 22(5) of Constitution.

27 Sep 2023

The petitioner, Abdul Rasheed alias Basheer, challenged a detention order dated 17th May 1993 passed under Section 3(1) of the Conservation of Foreign...

High Court

High Court of Karnataka Quashes Preventive Detention Order for Non-Communication of Grounds in Language Known to Detenue — Violation of Article 22(5) of Constitution of India and Section 8 of Karnataka Prevention of Dangerous Activities Act, 1985. The court held that the detaining authority must ensure the detenue understands the grounds of detention to make an effective representation; failure to do so renders the detention illegal.

31 Aug 2023

The petitioner, Smt. Shrenika, wife of the detenue Sri. Huchappa @ Dhanaraj Kalebag, filed a writ petition under Articles 226 and 227 of the Constitut...

Supreme Court

Supreme Court Allows Appeal Against Preventive Detention Under COFEPOSA Due to Unexplained Delay in Considering Representation — Right Under Article 22(5) Violated. The Court held that the 60-day delay in considering the detenue's representation by the Central Government was unexplained and vitiated the detention order.

15 May 2023

The Supreme Court allowed an appeal against a preventive detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activi...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind and Procedural Lapses — Detenu's Right to Make Effective Representation Violated

28 Feb 2020

The petitioner, father of the detenu, challenged the preventive detention order dated 17/10/2019 passed by the Commissioner of Police, Brihan Mumbai, ...

High Court

Bombay High Court Quashes Detention Order in MPDA Case Due to Non-Application of Mind — Failure to Consider Bail Conditions and Inadequate Link Between Bootlegging and Public Order. The court held that the detaining authority must consider the detenu's bail status and establish a clear nexus between the alleged activities and public order, which was absent in this case.

12 Jul 2018

The petitioner, Anil Preetam Kumbhar, challenged a detention order passed by the Commissioner of Police, Pune on 6 April 2018 under the Maharashtra Pr...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Right to Make Effective Representation Under Article 22(5) of Constitution Violated by Failure to Furnish Statements of Co-Accused.

27 Apr 2018

The petitioner, wife of the detenu Mushtaq Abubakar Sayed, filed a writ petition under Article 226 of the Constitution of India challenging the detent...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Violation of Detenu's Right to Lead Oral Evidence Before Advisory Board. Failure to Inform Detenu of Right to Produce Witnesses Renders Detention Invalid.

4 Jan 2018

The petitioner, wife of the detenu Vishal Salunke, challenged the detention order dated 9th August 2017 passed under Section 3 of the Maharashtra Prev...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Application of Mind — Detenu's Retraction of Statement Not Considered by Detaining Authority

11 Oct 2011

The petitioner, son of the detenu Balwinder Singh, filed a writ petition under Article 226 of the Constitution of India challenging a detention order ...

High Court

Bombay High Court Dismisses Petition Challenging Preventive Detention Under MPDA Act for Dangerous Person. Detention Order Based on Past Criminal Activities and In-Camera Statements Upheld as Valid Under Section 3(2) of Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates Act, 1981.

21 Oct 2010

The petitioner, brother of the detenue Surendra @ Surya Daulat Desai, challenged a detention order dated 15th March 2010 issued by the Commissioner of...

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