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High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Right to Make Effective Representation Under Article 22(5) of Constitution Violated by Failure to Furnish Statements of Co-Accused.

27 Apr 2018

The petitioner, wife of the detenu Mushtaq Abubakar Sayed, filed a writ petition under Article 226 of the Constitution of India challenging the detent...

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 Detention Order Under MPDA Act Due to Non-Application of Mind — Insufficient Time Between Endorsement of In-Camera Statements and Issuance of Detention Order. The court held that the Detaining Authority did not have sufficient time to apply its mind properly, vitiating the detention order under Section 2(a)(iv-a) of the Maharashtra Prevention of Dangerous Activities Act, 1981.

10 Oct 2016

The petitioner, a friend of the detenu Nilesh Dnyaneshwar Desale, challenged the detention order dated 16.3.2016 passed by the District Magistrate, Ja...

High Court

Bombay High Court Dismisses Petition Challenging Preventive Detention Under MPDA Act for Dangerous Person. Detention Order Based on Past Criminal Activities and In-Camera Statements Upheld as Valid Under Section 3(2) of Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates Act, 1981.

21 Oct 2010

The petitioner, brother of the detenue Surendra @ Surya Daulat Desai, challenged a detention order dated 15th March 2010 issued by the Commissioner of...

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 Allows Compensation for Wrongful Preventive Detention Under Maharashtra Prevention of Dangerous Activities Act, 1981 — Detention Order Invalid for Lack of Subjective Satisfaction Regarding Public Order. The court held that the absence of subjective satisfaction in the detention order rendered it invalid, entitling the petitioner to compensation for the period of detention.

13 Oct 2014

The petitioner, Yuvraj Ramchandra Pawar, was detained under an order dated 2nd December 2013 passed by the District Magistrate, Satara, under Section ...

Supreme Court

Supreme Court Quashes Detention Order Under PIT NDPS Act Due to Non-Application of Mind and Lack of Live Link. Preventive detention order was invalid as detaining authority failed to consider bail status and relied on stale incidents without contemporary material showing continued prejudicial activity under Section 3(1) of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.

30 Sep 2022

The appeal arose from a preventive detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substanc...

Supreme Court

Preventive Detention Orders Quashed for Non-Compliance with Constitutional and Statutory Safeguards.

5 Mar 2025

Constitution of India, 1950 (COI) – Article 21 – Protection of Life and Personal Liberty – Violation of Fundamental Rights due to De...

High Court

Bombay High Court Quashes Preventive Detention Order Under COFEPOSA Act for Non-Application of Mind and Mechanical Exercise of Power. Detenu's Right to Make Representation Under Article 22(5) of Constitution Was Frustrated by Delayed Consideration and Failure to Supply Relevant Documents.

19 Mar 2015

The petitioner, a friend of the detenu Mavin Keezhil Mohamed Aslam, filed a writ of habeas corpus under Article 226 of the Constitution challenging th...

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...

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