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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.

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

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Bombay High Court Quashes 26-Year-Old COFEPOSA Detention Order Due to Inordinate Delay in Execution — Preventive Detention Order Loses Its Rationale When Executed After 26 Years Without Explanation

The petitioners, cousins of the detenu Mohammed Ali Vengadan, filed a Habeas Corpus writ petition under Article 226 of the Constitution of India befor...

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High Court of Karnataka Quashes Detention Order in Habeas Corpus Petition for Non-Compliance with Procedural Safeguards Under Karnataka Prevention of Dangerous Activities Act, 1985. Failure to Communicate Grounds of Detention in Language Known to Detenue Renders Detention Unlawful.

The petitioner, Dil Shad, wife of Huseen Kabeer, filed a habeas corpus petition under Articles 226 and 227 of the Constitution of India challenging th...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Supply of Hindi Translation of Documents to Detenu Not Conversant with English. Failure to Provide Translated Copies of Material Documents Violates Article 22(5) of Constitution and Section 3(1) of COFEPOSA Act, 1974.

The petitioner, Pradeep Panchal, son of the detenu Brahmpal Panchal, filed a criminal writ petition challenging the detention order dated 7 February 2...

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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.

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

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Lack of Evidence of Public Order Disturbance — Single Criminal Case and In-camera Statements Insufficient to Justify Detention as 'Dangerous Person'

The petitioner, Arjun Balkrishna Sonavane, challenged a preventive detention order dated 12.10.2015 passed by the Commissioner of Police, Solapur, und...

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Bombay High Court Quashes Detention Order in COFEPOSA Case Due to Non-Application of Mind and Non-Supply of Documents. Nephew of detenu successfully challenged preventive detention order under Section 3(1) of COFEPOSA on grounds of procedural irregularities and lack of material evidence.

The petitioner, nephew of the detenu Salma Karolia, challenged a detention order dated 30th September 2014 issued under Section 3(1) of the Conservati...

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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.

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...

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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.

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