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Search Results for "detention order quashed"

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High Court

Bombay High Court Dismisses Habeas Corpus Petition Challenging Preventive Detention Under COFEPOSA Act — Use of Disjunctive 'or' in Detention Order Does Not Indicate Non-Application of Mind. The court held that the detaining authority's satisfaction was based on the cumulative effect of the detenu's activities, and the mere reproduction of statutory language does not render the order invalid.

2 Jul 2024

The Bombay High Court dismissed a habeas corpus petition challenging the preventive detention of Rakesh Ramdas Jejurkar under the Conservation of Fore...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Bail Conditions and Lack of Compelling Material to Show Public Order Threat. The court held that the detaining authority must consider the effect of bail conditions and that the alleged acts must affect public order, not merely law and order.

28 Jun 2023

The petitioner, Mr. Kartik Aannadurai Devendar, challenged a preventive detention order dated 22nd August 2022 passed by the Commissioner of Police, M...

High Court

Bombay High Court Allows Petitions Challenging Preventive Detention Orders Under PITNDPS Act — Detention Orders Quashed for Non-Compliance with Procedural Safeguards. Failure to Communicate Grounds in Understandable Language and Delay in Considering Representations Under Section 3(1) of PITNDPS Act, 1988 Renders Detention Invalid.

18 Apr 2023

The judgment concerns three criminal writ petitions filed under Article 226 of the Constitution of India challenging preventive detention orders passe...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Detaining Authority Relied on Extraneous Material Including Inapplicable Sections. Preventive Detention Order Set Aside as Subjective Satisfaction Vitiated by Reliance on Irrelevant Documents Under Section 3(2) of Maharashtra Prevention of Dangerous Activities Act, 1981.

29 Jun 2018

The petitioner, Pawan Tukaram Kudale, challenged a detention order dated 29 January 2018 passed by the Commissioner of Police, Pune City, under Sectio...

High Court

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.

6 Apr 2018

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

High Court

High Court of Karnataka Quashes Preventive Detention Order for Non-Application of Mind — Detenu's Custody in Criminal Case Not Considered. Failure to Consider Detenu's Judicial Custody and Likelihood of Bail Renders Detention Order Invalid Under Section 3 of Karnataka Prevention of Dangerous Activities Act, 1985.

11 Nov 2016

The petitioner, H.A. Hammabba, father of the detenu Safwan Hussain @ Safwan, filed a habeas corpus petition under Article 226 of the Constitution of I...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Detenu Already in Judicial Custody — Failure to Consider Less Drastic Remedy Renders Detention Invalid. The court held that a preventive detention order cannot be sustained when the detenu is already in custody and the detaining authority fails to consider the possibility of resorting to less drastic remedies such as cancellation of bail.

4 Apr 2016

The petitioner, Sagar Prakash Bhosale, challenged a preventive detention order dated 1 June 2015 passed by the Commissioner of Police, Solapur, under ...

High Court

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.

17 Oct 2013

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

High Court

Bombay High Court Allows Habeas Corpus Petition and Quashes Detention Order Under COFEPOSA Act Due to Non-Application of Mind and Inordinate Delay. The court held that the detaining authority failed to apply its mind and the delay of over two years in executing the order vitiated the detention.

22 Jun 2010

The petitioner, Naresh Dua, brother of the detenu Rajesh Dua, filed a habeas corpus petition under Article 226 of the Constitution of India challengin...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind. The court held that the detaining authority failed to consider the detenu's bail status and passed the order mechanically, violating the requirement of subjective satisfaction.

19 Apr 2005

The petitioner, Shri Madhukar Mahadeo Manve, challenged the detention order dated 19th August 2004 passed under the Maharashtra Prevention of Dangerou...

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