Search Results for "preventive detention safeguards"

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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.

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

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Bombay High Court Quashes Detention Order in MPDA Case for Non-Application of Mind and Lack of Subjective Satisfaction. Preventive Detention Order Set Aside as Grounds Were Stale and Irrelevant, Violating Article 22(5) of the Constitution of India.

The petitioner, brother-in-law of the detenu Ganesh Narayan Mane, challenged the detention order dated 08.09.2017 passed by the Commissioner of Police...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay in Execution. The Court Held That a 19-Day Gap Between Passing and Service of Detention Order Without Explanation Violates the Detenu's Right to Make a Representation Under Article 22(5) of the Constitution.

The petitioner, Vishnu @ Bablu Vasant Gawali, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Of...

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Bombay High Court Quashes Detention Order Under MPDA Act for Violation of Detenu's Right to Lead Oral Evidence Before Advisory Board. Failure to Inform Detenu of Right to Produce Witnesses Renders Detention Invalid.

The petitioner, wife of the detenu Vishal Salunke, challenged the detention order dated 9th August 2017 passed under Section 3 of the Maharashtra Prev...

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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.

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

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Retraction of Statement and Bail Conditions Ignored, Violating Article 22(5) of the Constitution.

The petitioner, son of the detenu Bittu Choith Harchandani, challenged a detention order dated 16.4.2015 passed by the second respondent under Section...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Stale Grounds. Preventive Detention Cannot Be Based on Old Incidents Without Proximate Link to Public Order.

The petitioner, Adil Chaus, challenged an order of preventive detention passed by the Commissioner of Police, Aurangabad, on 30 August 2011 under Sect...

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Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Application of Mind — Detenu's Retraction of Statement Not Considered by Detaining Authority

The petitioner, son of the detenu Balwinder Singh, filed a writ petition under Article 226 of the Constitution of India challenging a detention order ...