Search Results for "initial detention period"

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Search Results for "initial detention period"

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Supreme Court

Supreme Court Grants Bail to Foreign National in Fake Currency and UAP Act Case — Long Incarceration Without Trial Progress Warrants Release. Prolonged detention of over nine years without significant trial progress violates right to speedy trial under Article 21 of the Constitution, outweighing the risk of absconding by a foreign national.

3 Jul 2024

The appellant, Sheikh Javed Iqbal @ Ashfaq Ansari @ Javed Ansari, a Nepalese national, was arrested on 23.02.2015 after fake Indian currency notes wor...

High Court

High Court of Karnataka Quashes Preventive Detention Order in Habeas Corpus Petition — Failure to Consider Less Restrictive Alternatives Under Karnataka Prevention of Dangerous Activities Act, 1985. Detenu's History of Criminal Cases Does Not Justify Preventive Detention When Bail Was Granted in Most Cases and No Material Shows Inadequacy of Regular Law.

7 Dec 2023

The petitioner, Mohammad Shafiulla, father of the detenu Roshan Jameer @ Jameer @ Jammu, filed a habeas corpus petition under Article 226 of the Const...

High Court

Bombay High Court Quashes Detention Order Under MPD Act for Non-Application of Mind and Lack of Public Order Disturbance. Detenu's Preventive Detention as Dangerous Person Set Aside as In-Camera Statements Were Not Properly Considered and Bail/Notice Under Section 41-A CrPC Were Ignored.

21 Apr 2023

The petitioner, Atahar Khan Amir Khan, a detenu, challenged the detention order dated 29.08.2022 passed by the Collector and District Magistrate, Akol...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Proper Verification of In-Camera Statements. Detention order under Section 3(2) of MPDA Act set aside as detaining authority failed to verify in-camera statements and did not consider that the alleged incident was a public agitation.

21 Apr 2023

The petitioner, Avinash @ Balu Atmaram More, challenged his detention order dated 07-06-2022 passed under Section 3(2) of the Maharashtra Prevention o...

High Court

Bombay High Court Quashes Detention Order in MPDA Case Due to Non-Application of Mind and Lack of Compelling Necessity. Preventive detention order under Section 3(1) of MPDA Act set aside as detaining authority failed to consider that detenu was in judicial custody and did not independently verify in-camera statements.

3 Apr 2023

The petitioner, Sandeep Govind Pawar, was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers,...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Specification of Period — Blanket Order Invalid Under Section 3(2) Proviso. The court held that the proviso to Section 3(2) of the Maharashtra Prevention of Dangerous Activities Act, 1981 mandates specification of detention period in the order, and a blanket order without such specification is invalid.

23 Feb 2021

The petitioner, Sadashiv s/o Shriram Jadhav, challenged the legality and correctness of a detention order dated 18.9.2020 passed by the Collector and ...

High Court

Bombay High Court Grants Default Bail to Activist in UAPA Case for Failure to File Charge Sheet Within 90 Days. The court held that the right to default bail under Section 167(2) CrPC is indefeasible and the period of house arrest cannot be excluded from the computation of the 90-day period.

8 Feb 2021

The appellant, Gautam P. Navlakha, a 69-year-old scholar, writer, and civil rights activist, was arrested on 28/10/2018 in connection with FIR No. 4 o...

Supreme Court

Supreme Court Partially Allows State's Appeal Against Quashing of Detention Order. High Court's Interpretation of Section 3(2) of Maharashtra Prevention of Dangerous Activities Act, 1981 Regarding Detention Period is Erroneous.

13 Nov 2019

The Supreme Court heard an appeal by the State of Maharashtra against the High Court's order quashing a preventive detention order under the Maharasht...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind. Preventive Detention Order Set Aside as Mechanical Reproduction of Police Report Without Independent Satisfaction by District Magistrate.

26 Feb 2018

The petitioner, Anant Manikrao Kachale, an agriculturist from Vaitagwadi, Parbhani, challenged his preventive detention order dated 24-08-2017 passed ...

High Court

Bombay High Court Quashes Preventive Detention Order in COFEPOSA Case for Non-Application of Mind. Detenu in judicial custody; detaining authority failed to consider less restrictive alternatives under ordinary law, rendering detention order invalid.

27 Jan 2016

The petitioner, Mahesh V. Amesur, cousin of Jeetu Shankarlal Chhapru, filed a writ of habeas corpus under Article 226 of the Constitution challenging ...

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