Search Results for "delay in execution"

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High Court

Gujarat High Court Quashes Detention Order Due to 17-Year Delay in Execution — Inordinate Delay Renders Preventive Detention Invalid. The court held that executing a 2009 detention order in 2026 without justification snaps the live link between grounds and purpose, making the order invalid under the PASA Act.

26 Feb 2026

The petitioner, Umedsingh Javansingh Rathod, through his representative Luckyrajsinh Raghuvirsinh Zala, filed a writ petition challenging an order of ...

Supreme Court

Supreme Court Upholds Parole Order for Convict in Culpable Homicide Case Due to Arbitrary Rejection and Delay in Execution. Rejection of permanent parole on ground of not applying for regular parole held unsustainable; delay in implementing High Court order violates Article 21.

1 Jan 2026

The appellant, Daulal, was convicted for offences under Sections 148, 448, 304 Part II read with 149, and 323 of the Indian Penal Code, 1860, and sent...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Lack of Compelling Necessity. Preventive detention set aside as the detaining authority failed to consider the petitioner's acquittal in the predicate offence and did not provide sufficient material to justify the subjective satisfaction of imminent threat.

7 Oct 2025

The petitioner, Kishor Laxman Kawale, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders,...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay in Execution. The Court Held That a 19-Day Gap Between Passing and Service of Detention Order Without Explanation Violates the Detenu's Right to Make a Representation Under Article 22(5) of the Constitution.

18 Jan 2018

The petitioner, Vishnu @ Bablu Vasant Gawali, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Of...

High Court

Bombay High Court Dismisses Successive Writ Petition Challenging Detention Order Under MPDA Act on Grounds of Res Judicata and Constructive Res Judicata. Fresh Grounds of Delay in Execution and Non-Application of Mind Held Not Maintainable as They Could Have Been Raised in Earlier Petition.

14 Mar 2016

The petitioner, Rashid @ Jagga Shaukat Hussein Sayyed, filed a criminal writ petition under Article 226 of the Constitution of India challenging an or...

High Court

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

9 Apr 2015

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

High Court

Bombay High Court Quashes Preventive Detention Order Under PITNDPS Act Due to Inordinate Delay in Execution — Detenu Surrendered Voluntarily After 17 Years, Detention Order Held Stale and Non-Operative. The court held that an unexplained delay of 17 years between the passing of a detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 and its execution renders the order stale and vitiates the subjective satisfaction of the detaining authority.

10 Oct 2012

The petitioner, Smt. Heena Kausar, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking to set aside a preventive det...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Act Due to Unexplained Delay in Execution. Delay of 14 Months in Serving Detention Order Renders Subjective Satisfaction Stale and Detention Invalid Under Section 3(1) of COFEPOSA Act, 1974.

9 Aug 2010

The petitioner, father of the detenu, filed a writ of habeas corpus under Article 226 of the Constitution challenging a detention order dated 2/8/2008...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Due to Non-Application of Mind and Unexplained Delay. Detenu's Exoneration in Adjudication Proceedings Not Considered by Detaining Authority, Rendering Order Invalid Under Section 3(1) of COFEPOSA Act, 1974.

6 Jul 2006

The petitioner, brother of the detenu Bherchand Tikaji Bora, challenged an order of detention dated 27th August 1998 passed under Section 3(1) of the ...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Due to Unexplained Delay in Execution and Consideration of Representation. Delay of Over Five Months in Executing Detention Order and Three Months in Considering Representation Violates Article 22(5) of Constitution and Section 3(1) of COFEPOSA Act.

2 Feb 2005

The petitioner, a friend of the detenu Mohd. Kunhi Kallattra, challenged a detention order dated 28.2.2002 issued by the Secretary (Preventive Detenti...

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