Search Results for "Preventive Detention Act"

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Search Results for "Preventive Detention Act"

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High Court

Bombay High Court Quashes Detention Orders Under MPDA Act for Failure to Consider Less Drastic Alternatives — Detenues Already in Judicial Custody at Time of Order. Preventive detention order invalid as detaining authority did not consider possibility of bail or less drastic measures despite detenues being in judicial custody.

7 Jul 2006

The Bombay High Court disposed of two criminal writ petitions challenging detention orders dated 30th June 2005 passed under Section 3(1) of the Mahar...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Inordinate Delay in Deciding Representation — Right to Make Representation Under Article 22(5) of Constitution Violated. The court held that a delay of about 82 days in deciding the detenu's representation without any explanation vitiates the detention order under Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords Bootleggers Drug Offenders and Dangerous Persons Act, 1981.

24 Aug 2005

The petitioner, wife of the detenu Mohammed Taki Ahmed Ali Chunara @ Mohammed Islam Mohammed Ali Shaikh, challenged the detention order passed by the ...

High Court

Bombay High Court Quashes Preventive Detention Order Due to Inordinate Delay in Deciding Representation — Violation of Article 22(5) of Constitution. Unexplained delay of over eight months in deciding representation made by detenu's mother under Section 3(2) of M.P.D. Act renders continued detention illegal.

21 Nov 2022

The petitioner, Chandrakant Alias Chandar Basu Chavan, was preventively detained by an order dated 14th March 2022 passed by the Commissioner of Polic...

Supreme Court

Supreme Court Allows Anticipatory Bail in SC/ST Act Case — No Prima Facie Case Under Sections 3(1)(r) and 3(1)(u) as Allegations Lack Intent to Humiliate on Caste Grounds. The Court held that mere knowledge of caste identity and critical remarks against a public figure do not constitute an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 without specific intent to humiliate on caste basis.

21 Aug 2024

The appellant, Shajan Skaria, the editor of an online news channel 'Marunandan Malayali', published a YouTube video on 24.05.2023 levelling allegation...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay in Considering Detenu's Representation — Right to Make Representation Under Article 22(5) of Constitution Violated. Unexplained delay of 12 days in considering representation by State Government renders continued detention illegal.

26 Mar 2024

The petitioner, mother of the detenu Azam Iqbal Shaikh, filed a writ petition under Article 226 of the Constitution of India challenging the detention...

High Court

Madras High Court Allows Habeas Corpus Petition and Quashes Preventive Detention Order for Drug Offender Due to Lack of Proximity Between Adverse and Ground Cases. Non-Commercial Quantity of Kanja Recovered Insufficient to Invoke Preventive Detention Under Tamil Nadu Act 14/1982.

23 Jan 2025

The petitioner, N.Mahalakshmi, wife of the detenu Prakash, filed a Habeas Corpus Petition under Article 226 of the Constitution of India before the Ma...

High Court

Madras High Court Allows Habeas Corpus Petition Challenging Preventive Detention Under Tamil Nadu Act 14 of 1982 Due to Unexplained Delay and Lack of Proximity Between Adverse Cases and Ground Case. The court held that the detention order was vitiated by unexplained delay and that the ground case could be dealt with under ordinary law, thus quashing the detention order.

21 Jan 2025

The petitioner, S. Rani, filed a habeas corpus petition under Article 226 of the Constitution of India challenging the preventive detention order pass...

High Court

Madras High Court Allows Habeas Corpus Petition in Preventive Detention Case — Detention Order Quashed Due to Lack of Public Order Threat. Preventive detention under Act 14 of 1982 set aside as ordinary law sufficient for Prohibition Act offences.

20 Jan 2025

The petitioner, V. Jayalakshmi, wife of the detenu Venkatesan, filed a habeas corpus petition under Article 226 of the Constitution of India challengi...

High Court

Madras High Court Allows Habeas Corpus Petition Challenging Preventive Detention Based on Solitary Ground Case Under BNS — Insufficient Grounds to Establish Breach of Public Order. The court held that a solitary ground case under Sections 123, 278 of Bharatiya Nyaya Sanhita, 2023, without any adverse case, cannot justify preventive detention under Act 14 of 1982 as the reasons were insufficient to show likelihood of breach of public order.

28 Jan 2025

The petitioner, Samu, mother of the detenu Kalaiselvam, filed a habeas corpus petition under Article 226 of the Constitution of India challenging the ...

High Court

Madras High Court Dismisses Habeas Corpus Petition as Infructuous After Advisory Board Revokes Preventive Detention Order. Preventive Detention Order Under Tamil Nadu Act Challenged but Rendered Moot by Government Order Revoking Detention Pursuant to Advisory Board Report.

11 Mar 2025

The matter arose from a Habeas Corpus Petition filed under Article 226 of the Constitution of India by the mother of the detenu, Thariq @ Mohammed Tha...

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