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High Court

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

24 Jan 2025

The petitioner, Rani, mother of the detenu Sidharaj, filed a Habeas Corpus Petition under Article 226 of the Constitution of India challenging the det...

High Court

Madras High Court Allows Habeas Corpus Petition Due to Unexplained Delay in Preventive Detention Order. Detention Order Under Tamil Nadu Act 14 of 1982 Quashed as Live and Proximate Link Between Arrest and Detention Order Was Snapped.

24 Jan 2025

The petitioner, Sumathi, mother of the detenu Dhanushkumar, filed a Habeas Corpus Petition under Article 226 of the Constitution of India challenging ...

Supreme Court

Supreme Court Quashes Preventive Detention Order in Telangana Act Case Due to Non-Application of Mind and Stale Material. Detenu Granted Bail Months Before Detention Order, Conditions Fulfilled, No Breach of Public Order Established.

25 Jan 2022

The Supreme Court allowed the appeal against the preventive detention of the detenu under the Telangana Prevention of Dangerous Activities Act, 1986. ...

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

High Court of Karnataka Quashes Detention Order in Karnataka Prevention of Dangerous Activities Act Case — Failure to Consider Less Restrictive Measures. Detenu's brother successfully challenged preventive detention as the detaining authority did not consider the possibility of resorting to less drastic remedies under the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum-Grabbers Act, 1985.

26 Sep 2018

The petitioner, Suresh B. Shetty, filed a habeas corpus petition under Articles 226 and 227 of the Constitution of India challenging the preventive de...

High Court

Bombay High Court Decides on Validity of Preventive Detention Orders Under Maharashtra Dangerous Activities Act for Fixing One-Year Detention Period. Detention Orders Challenged as Contrary to Supreme Court Precedent Prohibiting Fixing Maximum Period Without Periodic Review.

13 Oct 2017

The Bombay High Court heard three criminal writ petitions together as they involved a common question of law regarding preventive detention orders pas...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Police Officers and Media Chairman in SC/ST Atrocity Case for Lack of Sanction Under Section 197 CrPC and Section 3(1)(8) of SC/ST Act. Proceedings initiated by complainant Devadas Sherkhane against petitioners for alleged offences under IPC and SC/ST Act quashed as prior sanction was required but not obtained.

12 Jan 2017

The case involves two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of proceedings in PC ...

High Court

High Court of Karnataka Quashes Preventive Detention Order for Non-Communication of Grounds in Known Language. Detenu's Right to Make Effective Representation Under Article 22(5) of Constitution Violated as Grounds Were Served in English, Not in Kannada Which Detenu Understood.

2 Jun 2016

The petitioner, Smt. Shylamma, mother of the detenu Abhishek @ Abhi @ Sutta, filed a habeas corpus petition under Articles 226 and 227 of the Constitu...

High Court

High Court of Karnataka Quashes Detention Order in Habeas Corpus Petition for Non-Application of Mind and Non-Supply of Documents. Detenu's Right to Make Effective Representation Under Article 22(5) of the Constitution Violated as Grounds of Detention Were Not Communicated and Relevant Documents Were Not Supplied.

22 Apr 2016

The petitioner, Smt. Surekha Deepak Shintre, wife of the detenu Deepak Shivaji Shintre, filed a writ petition under Articles 226 and 227 of the Consti...

High Court

Bombay High Court Allows Detenu's Writ Challenging Preventive Detention Under MPDA Act — Detention Order Quashed for Non-Application of Mind and Failure to Consider Less Restrictive Alternatives. The court held that the detaining authority must consider whether ordinary law is sufficient and cannot mechanically pass a detention order when the detenu is already in custody.

13 May 2011

The petitioner, Rushikesh Tanaji Bhoite, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offende...

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