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High Court

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.

8 Dec 2025

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...

High Court

Bombay High Court Quashes Preventive Detention Order Under M.P.A.D. Act for Lack of Proximity Between Offences and Public Order. Detenu's Criminal Acts Were Against Individuals, Not Society at Large, Failing the Test of 'Public Order' Under Section 2(b-1) of the Maharashtra Prevention of Dangerous Activities Act, 1981.

12 Sep 2025

The petitioner, Ganesh Bharat Giri, aged 23, challenged an order of preventive detention dated 11.05.2025 passed by the District Magistrate, Beed unde...

High Court

Bombay High Court Grants Default Bail to Activist in UAPA Case for Failure to File Charge Sheet Within 90 Days. The court held that the right to default bail under Section 167(2) CrPC is indefeasible and the period of house arrest cannot be excluded from the computation of the 90-day period.

8 Feb 2021

The appellant, Gautam P. Navlakha, a 69-year-old scholar, writer, and civil rights activist, was arrested on 28/10/2018 in connection with FIR No. 4 o...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Lack of Material to Show Public Order Threat. Theft of sand and IPC offences held to be law and order issues, not public order.

15 Dec 2020

The petitioner, Narayan Radhakishan Bhusari, challenged his preventive detention under Section 3 of the Maharashtra Prevention of Dangerous Activities...

High Court

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

17 Jul 2015

The petitioner, Deepak Bapu Keluskar, challenged a detention order dated 29th September 2014 passed by the detaining authority under Section 3(1) of t...

High Court

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.

28 Jun 2013

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

High Court

Bombay High Court Quashes Preventive Detention Order Under PITNDPS Act Due to Inordinate Delay in Execution — Detenu Surrendered Voluntarily After 17 Years, Detention Order Held Stale and Non-Operative. The court held that an unexplained delay of 17 years between the passing of a detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 and its execution renders the order stale and vitiates the subjective satisfaction of the detaining authority.

10 Oct 2012

The petitioner, Smt. Heena Kausar, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking to set aside a preventive det...

High Court

Bombay High Court Quashes Detention Order Under Prevention of Black Marketing Act Due to Non-Application of Mind and Lack of Subjective Satisfaction. Court also directs inquiry into custodial violence allegations and awards compensation of Rs. 5,00,000 for violation of fundamental rights.

17 Oct 2006

The petitioner, Bhaurao s/o Punjabrao Gawande, a businessman dealing in transportation of petroleum products, challenged his detention order dated 27....

High Court

Bombay High Court Quashes Detention Order in MPDA Case for Non-Application of Mind — Failure to Consider Petitioner's Acquittal in Criminal Cases Renders Detention Invalid. Preventive detention under Section 3(2) of Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 set aside as detaining authority did not consider material fact of acquittal in two criminal cases, vitiating subjective satisfaction.

2 Mar 2006

The petitioner, Ashok Dadu Mangale, challenged a detention order dated 3/3/2005 passed by the Commissioner of Police, Brihan Mumbai under Section 3(2)...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Due to Unexplained Delay in Execution and Consideration of Representation. Delay of Over Five Months in Executing Detention Order and Three Months in Considering Representation Violates Article 22(5) of Constitution and Section 3(1) of COFEPOSA Act.

2 Feb 2005

The petitioner, a friend of the detenu Mohd. Kunhi Kallattra, challenged a detention order dated 28.2.2002 issued by the Secretary (Preventive Detenti...

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