Search Results for "Detenue Statement"

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Search Results for "Detenue Statement"

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High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay and Lack of Public Order Element. Single Crime and In-Camera Statements Insufficient to Justify Preventive Detention Under Section 3(1) of Maharashtra Prevention of Dangerous Activities Act, 1981.

24 Sep 2025

The petitioner, Umesh Shivaji Vetal, challenged an order of detention dated 09.06.2025 passed by the District Magistrate, Ahilyanagar, under Section 3...

Supreme Court

Supreme Court Allows Bail in Elgar Parishad Case: High Court Erred in Remanding Bail Application Without Considering Merits Despite Supplementary Chargesheet. The Court held that the High Court must consider the entire material, including supplementary chargesheet, while exercising its bail jurisdiction under Section 439 CrPC, and the bar under Section 43-D(5) of the Unlawful Activities (Prevention) Act, 1967 requires a prima facie assessment of the accusation.

15 Apr 2024

The appellant, Shoma Kanti Sen, was arrested on 06.06.2018 in connection with FIR No. 04/2018 registered at Vishrambaug Police Station, Pune, alleging...

High Court

High Court of Karnataka Quashes Preventive Detention Order in Habeas Corpus Petition — Failure to Consider Less Restrictive Alternatives Under Karnataka Prevention of Dangerous Activities Act, 1985. Detenu's History of Criminal Cases Does Not Justify Preventive Detention When Bail Was Granted in Most Cases and No Material Shows Inadequacy of Regular Law.

7 Dec 2023

The petitioner, Mohammad Shafiulla, father of the detenu Roshan Jameer @ Jameer @ Jammu, filed a habeas corpus petition under Article 226 of the Const...

High Court

High Court of Karnataka Grants Bail to Accused in NIA Case Citing Delay in Trial and No Prima Facie Evidence of Terrorist Act. The court held that the bar under Section 43D(5) of UAPA is not absolute and can be relaxed when the right to speedy trial under Article 21 is violated, and the accused has been in custody for over two years without trial.

29 May 2023

The appellant, Imran Ahmed, was arrested in connection with Spl.C.C.No.141/2021 for offences under Sections 16, 18, 20 of the Unlawful Activities (Pre...

High Court

Bombay High Court Dismisses Habeas Corpus Petition in Customs Act Detention Case — Detention Held Not Illegal. Petitioner's arrest under Section 104 of Customs Act, 1962 and subsequent judicial custody were lawful; no violation of Articles 14, 21, 22 of Constitution found.

21 Jan 2020

The petitioner, Ankit Ghanshyam Mutha, filed a writ petition seeking a writ of habeas corpus and direction for his release from custody of the Directo...

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 Constitution Violated as Statements of Co-Accused Not Furnished.

24 Jul 2015

The petitioner, brother-in-law of the detenu Burhan Fakhruddin Khatumdi, challenged a detention order dated 27.3.2015 passed by the Principal Secretar...

High Court

Bombay High Court Quashes Preventive Detention Order Under COFEPOSA for Non-Placement of Vital Documents. Failure to Place Retraction Statements and Bail Orders Before Detaining Authority Renders Detention Invalid Under Section 3(1) of COFEPOSA Act, 1974.

7 Nov 2014

The petitioner, son of the detenu Ramesh B. Doshi, challenged an order of preventive detention passed under Section 3(1) of the Conservation of Foreig...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Detenu in Judicial Custody Without Bail Application. Failure to Disclose Compelling Reasons for Detention Despite Awareness of Custody Renders Order Invalid Under Section 3(1) of MPDA Act, 1981.

27 Oct 2014

The petitioner, Pravin @ Purshottam Shrinivas Mahajan, challenged an order of preventive detention dated 29 April 2014 passed by the Commissioner of P...

High Court

Bombay High Court Allows Writ Petition and Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind. Detenu in Judicial Custody Without Bail Application — Detaining Authority Failed to Disclose Compelling Reasons for Detention.

27 Oct 2014

The petitioner, Pravin @ Purshottam Shrinivas Mahajan, challenged an order of preventive detention dated 29 April 2014 passed by the Commissioner of P...

High Court

Bombay High Court Quashes Detention Order in COFEPOSA Case Due to Non-Application of Mind — Detenu's Retracted Statement Not Considered. Preventive Detention Order Under Section 3(1) of COFEPOSA Set Aside as Detaining Authority Failed to Consider Retraction of Confession.

11 Jan 2005

The petitioner, wife of the detenu Iqbal Yusuf Suleman, challenged the detention order dated 20.4.2004 passed by the detaining authority under Section...

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