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High Court

Bombay High Court Quashes Externment Order Against Social Activist for Lack of Material and Non-Compliance with Section 59 of Bombay Police Act. The court held that a single FIR and vague allegations are insufficient to justify externment under Section 59 of the Bombay Police Act, 1951.

27 Jun 2019

The petitioner, Prashant Mahadeorao Bodakhe, a 28-year-old student and social activist working for tribal rights, challenged an externment order passe...

High Court

Bombay High Court Holds Detention Order Under MPDA Act Illegal Due to Non-Application of Mind; Detaining Authority Failed to Provide Cogent Material for Likelihood of Bail While Detenu Was in Custody. The Court Ruled That Mere Possibility of Applying for Bail in Higher Court Without Real Imminence Does Not Satisfy Compelling Necessity Under Section 3(1) of the Maharashtra Prevention of Dangerous Activities Act, 1981.

4 May 2018

The petitioner, Ganesh Subhash Masurkar, challenged a preventive detention order dated 06.11.2017 issued by the Commissioner of Police, Pune, under th...

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 Externment Order Against Petitioner in Maharashtra Police Act Case — Failure to Consider Less Restrictive Measures. Externment Order Under Section 56(1)(b) of Maharashtra Police Act, 1951 Set Aside as Authorities Did Not Consider Whether Lesser Restrictions Would Suffice.

22 Nov 2017

The petitioner, Abasaheb Balasaheb Warkhade, filed a Criminal Writ Petition before the Bombay High Court at Aurangabad challenging an externment order...

High Court

Bombay High Court Quashes Externment Order Against Petitioner in Maharashtra Police Act Case — Order Based on Vague Allegations and Non-Application of Mind. Externment Order Under Section 56(1)(b) of Maharashtra Police Act, 1951 Set Aside as Show Cause Notice Did Not Specify Incidents and Authorities Failed to Consider Less Restrictive Measures.

27 Jul 2017

The petitioner, Aslam s/o Shabbir Shaikh @ Bunty Jahagirdar, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the ...

High Court

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.

12 Jul 2016

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

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Inordinate Delay in Considering Representation — Right to Make Effective Representation Violated Under Article 22(5) of Constitution. The court held that the failure to consider the detenu's representation expeditiously renders the continued detention illegal, emphasizing the constitutional safeguard under Article 22(5) of the Constitution of India.

30 Jul 2014

The petitioner, Ashish Robert Felix, was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, ...

High Court

Bombay High Court Quashes Externment Order for Lack of Witness Unwillingness in Show Cause Notice Under Maharashtra Police Act. Show cause notice must state witnesses are unwilling to depose in public; externment from larger area without justification is arbitrary.

23 Aug 2013

The petitioner, Mohd. Jalaluddin Mohd. Amin Khan @ Jalal, challenged an externment order dated 7th January 2013 passed by the Deputy Commissioner of P...

High Court

Bombay High Court Quashes Externment Order for Non-Compliance with Section 59 of Bombay Police Act, 1951. Service of Externment Order by Affixation at Police Station Instead of Usual Place of Abode Held Invalid.

25 Apr 2011

The petitioner, Umesh Bhagwan Patil, filed a Criminal Writ Petition before the Bombay High Court challenging an externment order dated 20th September ...

High Court

Bombay High Court Quashes Externment Order Against Petitioner in Bombay Police Act Case — Failure to Consider Less Drastic Measures. Externment Order Under Section 56(1)(a)(b) of Bombay Police Act, 1951 Set Aside as Authority Did Not Record Satisfaction That Witnesses Were Unwilling to Come Forward and Less Drastic Remedies Were Inadequate.

8 Apr 2011

The petitioner, Kishore Chandrakant Mhatre, challenged an externment order dated 29.08.2009 passed by the Deputy Commissioner of Police, Zone-II, Panv...

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