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Search Results for "detention order challenge"

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High Court

High Court of Karnataka Quashes Preventive Detention Order in Bootlegging Case — Failure to Consider Less Restrictive Alternatives. Detention under Section 3(2) of Karnataka Prevention of Dangerous Activities Act, 1985 set aside as grounds did not show that ordinary law was insufficient to prevent the detenu from acting prejudicially.

12 Jul 2024

The petitioner, wife of Sharath @ Sharath Kumar, filed a habeas corpus petition under Article 226 of the Constitution of India challenging the detenti...

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-...

Supreme Court

Supreme Court Dismisses Union of India's Challenge to Advisory Board Opinion in COFEPOSA Detention Case — Advisory Board's Opinion of No Sufficient Cause for Detention is Non-Justiciable and Not Subject to Challenge Under Article 136

21 Aug 2019

The case involves a challenge by the Union of India against the opinion of the Advisory Board constituted under the Conservation of Foreign Exchange a...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Detenu in Custody Without Imminent Release Possibility. Preventive Detention Order Set Aside as Detaining Authority Failed to Consider Detenu's Judicial Custody and Imminent Bail Possibility Under Section 3(2) of MPDA Act.

6 Jul 2018

The petitioner, Ankush Vaman Pawar, a resident of Pune, was detained at Yerawada Central Prison pursuant to an order dated 12 March 2018 passed by the...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Verification of In-Camera Statements. Failure to Verify Secret Statements Renders Subjective Satisfaction Invalid, Making Detention Order Unsustainable.

3 Mar 2016

The petitioner, brother of the detenu Dipak alias D. Baba Kashinath Kamble, challenged a detention order dated 7 August 2015 issued by the Commissione...

High Court

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.

24 Jan 2014

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

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind to Witness Statements. The court held that the detaining authority failed to properly consider in-camera statements, violating the detenu's right to make an effective representation under Article 22(5) of the Constitution.

14 Mar 2013

The petitioner, Ravi Hanumant Thorat, brother-in-law of the detenu Sahadeo @ Sada Laxman Dhavare, challenged the validity of a preventive detention or...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind. Detaining Authority Failed to Independently Consider Grounds, Leading to Mechanical Affirmation of Proposal.

25 Jun 2012

The petitioner, brother-in-law of the detenu Janardan @ Janyadada Chintaman Bhoir, filed a habeas corpus petition challenging the detention order date...

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

Bombay High Court Allows Petition Challenging Preventive Detention Under MPDA Act Due to Non-Supply of Documents and Unexplained Delay. Failure to supply relied-upon documents and inordinate delay between proposal and order snapped live link, rendering detention order invalid under Section 3(1) of MPDA Act, 1981.

1 Mar 2005

The petitioner, Soud Ahmad Juber Ahmad Khan, challenged a detention order dated 16th September 2004 issued by the Commissioner of Police, Thane, under...

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