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High Court of Karnataka Quashes Detention Order in Habeas Corpus Petition for Non-Compliance with Procedural Safeguards Under Karnataka Prevention of Dangerous Activities Act, 1985. Failure to Communicate Grounds of Detention in Language Known to Detenue Renders Detention Unlawful.

The petitioner, Dil Shad, wife of Huseen Kabeer, filed a habeas corpus petition under Articles 226 and 227 of the Constitution of India challenging th...

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High Court of Karnataka Quashes Preventive Detention Order for Non-Communication of Right to Representation and Mechanical Confirmation. Detenu's Right to Make Representation Under Section 8 of Karnataka Prevention of Dangerous Activities Act, 1985 Was Not Communicated, Rendering Detention Illegal.

The writ petition was filed by Smt. Prathiba Talapati, wife of the detenu Sri. Dawood Nadaf, challenging the preventive detention order dated 03.06.20...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind and Unexplained Delay. Court holds that the alleged offences do not affect public order and the delay vitiates the detention order.

The petitioner, mother of the detenue, challenged a detention order dated 03.03.2021 passed by the Commissioner of Police, Pune, under the Maharashtra...

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Bombay High Court Issues Guidelines for Detention of Overstaying Foreign Nationals in Suo Motu Writ Petition. Court directs State of Goa to establish detention centres and formulate standard operating procedures for handling foreign nationals who overstay their visas.

The Bombay High Court at Goa took suo motu cognizance of the issue of overstaying foreign nationals in the State of Goa, arising from a criminal writ ...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind and Stale Grounds. The court held that the detaining authority failed to consider the detenu's custody and the delay in passing the order vitiated the subjective satisfaction.

The petitioner, Samad Salim Khan, challenged an order of preventive detention passed by the Commissioner of Police, Mumbai, under Section 3(2) of the ...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act Due to Non-Application of Mind to Bail Conditions. Detenu Granted Bail in One Case and Remanded in Another, Yet Detaining Authority Failed to Consider Likelihood of Release and Continued Dangerous Activity.

The petitioner, Mohammed Asif @ Mental Abdul Sattar Shaikh @ Mohd. Asif @ Mental Abdul Sattar Khan, challenged a preventive detention order dated 15.1...

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Bombay High Court Quashes Preventive Detention Orders in Red Sanders Smuggling Case — Failure to Consider Less Restrictive Alternatives. Detention under Section 3(1) of COFEPOSA set aside as detaining authority did not consider whether bail conditions or other measures would suffice.

The Bombay High Court allowed two habeas corpus petitions challenging preventive detention orders dated 21 February 2013 issued under Section 3(1) of ...

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Bombay High Court Quashes Preventive Detention Orders for Lack of Proximity Between Alleged Acts and Public Order. Detention under Maharashtra Prevention of Dangerous Activities Act, 1981 fails as alleged criminal acts do not affect public order but merely law and order.

The case involves three criminal writ petitions filed by Sayyed Muddasir Hussain and Sayyed Izaj Hussain challenging their preventive detention orders...