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Search Results for "detention order challenge"

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High Court

Bombay High Court Dismisses Habeas Corpus Petition Challenging Preventive Detention Under COFEPOSA Act — Use of Disjunctive 'or' in Detention Order Does Not Indicate Non-Application of Mind. The court held that the detaining authority's satisfaction was based on the cumulative effect of the detenu's activities, and the mere reproduction of statutory language does not render the order invalid.

2 Jul 2024

The Bombay High Court dismissed a habeas corpus petition challenging the preventive detention of Rakesh Ramdas Jejurkar under the Conservation of Fore...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Bail Conditions and Lack of Compelling Material to Show Public Order Threat. The court held that the detaining authority must consider the effect of bail conditions and that the alleged acts must affect public order, not merely law and order.

28 Jun 2023

The petitioner, Mr. Kartik Aannadurai Devendar, challenged a preventive detention order dated 22nd August 2022 passed by the Commissioner of Police, M...

High Court

Bombay High Court Quashes Detention Order in Dangerous Person Case Due to Non-Application of Mind Regarding Bail Status. Preventive detention under Section 3(2) of Maharashtra Prevention of Dangerous Activities Act, 1981 set aside as detaining authority failed to consider that detenu was on bail in all four criminal cases, vitiating subjective satisfaction.

21 Dec 2020

The petitioner, Sunil Pandharinath Dhotre, challenged a detention order dated 11/2/2020 passed by the Commissioner of Police, Nashik, detaining him fo...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Detaining Authority Relied on Extraneous Material Including Inapplicable Sections. Preventive Detention Order Set Aside as Subjective Satisfaction Vitiated by Reliance on Irrelevant Documents Under Section 3(2) of Maharashtra Prevention of Dangerous Activities Act, 1981.

29 Jun 2018

The petitioner, Pawan Tukaram Kudale, challenged a detention order dated 29 January 2018 passed by the Commissioner of Police, Pune City, under Sectio...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Communication of Representation to Advisory Board. Failure to Forward Detenu's Representation to Advisory Board Violates Article 22(5) of Constitution and Section 10 of MPDA Act.

6 Apr 2018

The petitioner, Rupesh Ram Thakur, challenged an order of detention dated 17 October 2017 passed under Section 3 of the Maharashtra Prevention of Dang...

High Court

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.

23 Nov 2017

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

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Detenu Already in Judicial Custody — Failure to Consider Less Drastic Remedy Renders Detention Invalid. The court held that a preventive detention order cannot be sustained when the detenu is already in custody and the detaining authority fails to consider the possibility of resorting to less drastic remedies such as cancellation of bail.

4 Apr 2016

The petitioner, Sagar Prakash Bhosale, challenged a preventive detention order dated 1 June 2015 passed by the Commissioner of Police, Solapur, under ...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Due to Unexplained Delay and Non-Application of Mind. Preventive detention order set aside as detaining authority failed to consider vital documents and exhibited casual approach.

7 Jan 2016

The petitioner, brother of the detenu Siraz Mohammed Sayyed, challenged a detention order dated 10 July 2015 passed under Sections 3(1)(ii) and 3(1)(i...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind. The court held that the detaining authority failed to consider the detenu's bail status and passed the order mechanically, violating the requirement of subjective satisfaction.

19 Apr 2005

The petitioner, Shri Madhukar Mahadeo Manve, challenged the detention order dated 19th August 2004 passed under the Maharashtra Prevention of Dangerou...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind — Gap of Nearly One Year Between Issuance and Execution Without Reconsideration of Changed Circumstances. Preventive Detention Order Set Aside as Detaining Authority Failed to Consider That Detenu Was in Judicial Custody at Time of Execution, Though on Bail When Order Was Issued.

5 Apr 2005

The petitioner, Shri Raja @ Rajesh Rajan Nair, challenged his detention order dated 30th September 2003 issued under the Maharashtra Prevention of Dan...

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