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High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Lack of Compelling Necessity and Proximate Link. The court held that the detaining authority failed to consider alternative remedies like cancellation of bail and there was unexplained delay, vitiating the order.

23 Feb 2024

The petitioner, Aniket Balaji Suryawanshi, challenged an order dated 25.10.2023 passed by the District Magistrate, Hingoli, detaining him under Sectio...

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...

High Court

Bombay High Court Quashes MPDA Detention Order Against Petitioner for Non-Application of Mind and Multiple Preventive Actions on Same Set of Facts. The court held that the detention order under Section 3 of MPDA Act was unsustainable as it was based on the same facts already considered in chapter proceedings and externment proceedings, and the petitioner did not habitually commit offences to be categorized as a dangerous person.

24 Aug 2021

The petitioner, Shri Chotu Mohan Naidu, filed a Criminal Writ Petition before the Bombay High Court challenging an order of detention dated 05.03.2021...

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 Allows State Appeal in Externment Case Under Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 — Additional District Magistrate Competent to Pass Externment Orders Under Section 13 Notification. The Court held that the High Court erred in relying on Ajaib Singh v. Gurbachan Singh as the statutory scheme under the Adhiniyam, 1990, including Section 18, expressly permits delegation of powers to Additional District Magistrates.

30 Jan 2019

The State of Madhya Pradesh appealed against a Division Bench judgment of the High Court that had quashed externment orders passed by the Additional D...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Material to Support Apprehension of Bail. Detenu in Judicial Custody Without Bail Application; Detaining Authority's Satisfaction of Imminent Release Held Unsubstantiated.

14 Mar 2018

The petitioner, Sagar Sunil Gaikwad, challenged an order of detention dated 27 September 2017 passed by the Commissioner of Police, Pune, under Sectio...

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 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.

1 Dec 2011

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

High Court

Bombay High Court Quashes Externment Order Against Petitioner in Mumbai Police Act Case — Failure to Consider In-Camera Statements and Lack of Application of Mind. Externment order under Section 56(1)(a)(b) of Mumbai Police Act, 1951 set aside as the externing authority did not independently assess the in-camera statements and the appellate authority failed to provide reasons.

20 Apr 2011

The petitioner, Ganesh Bhumesh Gaikwad, challenged an externment order dated 18.08.2010 passed by the Deputy Commissioner of Police, Zone I, Pune City...

High Court

Bombay High Court Allows Passport Refusal Challenge in Education Travel Case — Violation of Natural Justice and Fundamental Rights. Police 'Not Recommended' Report Without Hearing Cannot Justify Denial of Passport Under Passports Act, 1967 and Articles 14, 19, 21 of Constitution.

4 Oct 2006

The petitioner, Ms. Akanksha Amar Naik, is a citizen of India and the daughter of late Amar Naik. After completing her Higher Secondary Education (12t...

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