Search Results for "Preventive Detention Act"

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Bombay High Court Allows Habeas Corpus Petition Challenging Preventive Detention Under COFEPOSA Act Due to Unexplained Delay in Deciding Representation. Violation of Article 22(5) of the Constitution of India renders detention order invalid.

The petitioner, father of the detenu Chirag D. Shah, filed a writ of habeas corpus under Article 226 of the Constitution of India challenging a preven...

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Madras High Court Quashes Detention Order Based Solely on Likelihood of Bail Without Evidence of Public Order Threat. Preventive Detention Cannot Be Invoked Merely on Possibility of Accused Coming Out on Bail Without Demonstrating Propensity for Offending and Threat to Public Order.

The habeas corpus petition was filed by the father of the detenu, challenging a preventive detention order passed by the District Magistrate of Thooth...

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High Court of Karnataka Quashes Preventive Detention Order for Non-Communication of Grounds in Known Language. Detenu's Right to Make Effective Representation Under Article 22(5) of Constitution Violated as Grounds Were Served in English, Not in Kannada Which Detenu Understood.

The petitioner, Smt. Shylamma, mother of the detenu Abhishek @ Abhi @ Sutta, filed a habeas corpus petition under Articles 226 and 227 of the Constitu...

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Supreme Court Quashes Detention Order in Preventive Detention Case; Holds Stray Incidents Against Individuals Not Grounds for 'Public Order' Detention. Detention Under Section 3(2) of the Preventive Detention Act, 1950 Found to Be Misuse of Power as Acts Only Affected Law and Order, Not Public Order.

This was a writ petition under Article 32 of the Constitution filed by Sudhir Kumar Saha, who was detained under Section 3(2) of the Preventive Detent...

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Bombay High Court Quashes Detention Orders Under MPDA Act for Non-Application of Mind and Lack of Subjective Satisfaction. Preventive Detention Orders Set Aside as Detaining Authority Failed to Consider Petitioners' Custody Status and Relied on Unverified In-Camera Statements.

The petitioners, Pravin Nivrutti Pagare, Sunil Mahadeo Khandagale, and Vijay Premnath Gosavi, were detained under Section 3(1) of the Maharashtra Prev...

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Madras High Court Quashes Preventive Detention Orders Under Tamil Nadu Act 14 of 1982 Due to Unexplained Six-Month Delay. Detention Orders Passed Without Considering Possibility of Bail Under Section 37 of NDPS Act, 1985, Violating Doctrine of Live Proximity.

The case involved two habeas corpus petitions filed before the Madurai Bench of Madras High Court under Article 226 of the Constitution, challenging p...

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Bombay High Court Quashes Preventive Detention Order for Non-Supply of Translated Documents in Known Language. Failure to Provide Marathi Translation of English Injury Certificate Violates Detenu's Right to Effective Representation Under Article 22(5) of Constitution.

The petitioner, Yogesh Nandu Pujari, challenged a preventive detention order dated 25 January 2012 passed by the Commissioner of Police, Thane, under ...