Search Results for "Right to make representation"

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Search Results for "Right to make representation"

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High Court

Bombay High Court Quashes MPDA Detention Order for Dangerous Person Due to Non-Application of Mind and Lack of Material to Show Prejudice to Public Order. The court held that the detaining authority failed to properly consider the material and the alleged activities did not affect public order.

27 Jan 2026

The petitioner, Chandrashekhar @ Chandya s/o Devrao Paikrao, challenged a detention order dated 01.07.2025 passed by the District Magistrate, Nanded u...

High Court

High Court of Karnataka Quashes Preventive Detention Under Goonda Act for Non-Application of Mind and Lack of Material. Detention order set aside as the detaining authority failed to consider the detenu's bail applications and did not provide relevant documents to the detenu, violating procedural safeguards under Article 22(5) of the Constitution.

16 Oct 2024

The petitioner, Smt. Sangeeta Sunkrol, wife of the detenu Satish @ Market Satya, filed a writ petition for habeas corpus challenging the detention ord...

High Court

High Court of Karnataka Quashes Preventive Detention Order for Non-Communication of Grounds in Language Known to Detenue — Violation of Article 22(5) of Constitution of India and Section 8 of Karnataka Prevention of Dangerous Activities Act, 1985. The court held that the detaining authority must ensure the detenue understands the grounds of detention to make an effective representation; failure to do so renders the detention illegal.

31 Aug 2023

The petitioner, Smt. Shrenika, wife of the detenue Sri. Huchappa @ Dhanaraj Kalebag, filed a writ petition under Articles 226 and 227 of the Constitut...

High Court

Bombay High Court Quashes Preventive Detention Orders for Violation of Right to Make Effective Representation Under Article 22(5) of Constitution. Non-supply of Bail Application and Bail Order in Connected Crime Renders Detention Invalid Despite Section 5A of MPDA Act.

6 Feb 2019

The petitioner, Sayed Jafar Sayed Nasir, challenged two detention orders dated 20th February 2018 and 12th March 2018 passed by the Commissioner of Po...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Unexplained Delay in Disposal of Representation. Failure to Consider Detenu's Representation Promptly Violates Article 22(5) of the Constitution, Rendering Detention Invalid.

20 Dec 2016

The petitioner, Yahya @ Ayya Akbar Khan, challenged a preventive detention order dated 30 July 2016 passed by the Commissioner of Police, Mumbai, unde...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act Due to Unexplained Delay in Deciding Representation — Right to Make Representation Under Article 22(5) of Constitution Violated. The court held that a delay of 21 days in deciding the detenu's representation without satisfactory explanation renders the detention illegal.

17 Feb 2015

The petitioner, mother of the detenu, challenged the preventive detention order passed under Section 3 of the Maharashtra Prevention of Dangerous Acti...

High Court

Bombay High Court Quashes Preventive Detention Order for Non-Communication of Grounds in Known Language — Violation of Article 22(5) of Constitution and Section 8 of Maharashtra Prevention of Dangerous Activities Act, 1981. The court held that the detaining authority must ensure grounds are communicated in a language known to the detenu to enable effective representation, and failure to do so renders the detention order invalid.

28 Aug 2012

The petitioner, Firoz Hyder Shaikh @ Kalya Firoz, was detained under a preventive detention order dated 5th September 2011 passed by the Commissioner ...

High Court

Bombay High Court Allows Petition Challenging Detention Under COFEPOSA Due to Non-Supply of Documents and Procedural Irregularity. Non-supply of vital documents relied upon by detaining authority and forwarding of representation by Advisory Board against detenu's express request violated detenu's right to make effective representation under Article 22(5) of Constitution.

29 Jun 2006

The petitioner, brother of the detenu, challenged the detention order passed under the Conservation of Foreign Exchange and Prevention of Smuggling Ac...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind in Grounds of Detention. The court held that failure to specify the period of detention in the grounds and non-consideration of representation by the detaining authority vitiates the preventive detention order under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981.

10 Jan 2006

The petitioner, wife of the detenu Rafiq Sarvar Shaikh @ Rafu, challenged the detention order dated 31/3/2005 passed by the Commissioner of Police, Br...

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 ...

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