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Search Results for "invalid detention order"

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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

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 Lack of Subjective Satisfaction and Non-Application of Mind. Detenu's Past Conduct and Single Incident Insufficient to Justify Preventive Detention Under Section 3(1) of Maharashtra Prevention of Dangerous Activities Act, 1981.

26 Apr 2021

The petitioner, Chandrakala w/o Ramlal Jadhav, challenged the detention order dated 07.12.2020 passed by the District Collector, Jalna (respondent No....

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-...

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

Karnataka High Court Allows Habeas Corpus Petition Quashing Preventive Detention Order for Non-Application of Mind and Violation of Article 22(5). The court held that failure to communicate grounds of detention in a language understood by the detenu renders the detention illegal.

29 Jun 2015

The petitioner, Yashoda, wife of the detenu Keshava Poojary @ Choni, filed a writ petition for habeas corpus under Article 226 of the Constitution of ...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind and Lack of Material to Show Public Order Threat. The court held that the alleged acts of the detenu only affected specific individuals and did not disturb public order, and the detaining authority failed to consider that the detenu was already in custody.

24 Apr 2015

The petitioner, Sushant Vasant Salunkhe @ Kalakhatta, was detained under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlor...

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 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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