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High Court

Bombay High Court Quashes Detention Order in MPDA Case Due to Non-Application of Mind — Failure to Consider Bail Conditions and Inadequate Link Between Bootlegging and Public Order. The court held that the detaining authority must consider the detenu's bail status and establish a clear nexus between the alleged activities and public order, which was absent in this case.

12 Jul 2018

The petitioner, Anil Preetam Kumbhar, challenged a detention order passed by the Commissioner of Police, Pune on 6 April 2018 under the Maharashtra Pr...

Supreme Court

Supreme Court Allows Appeal Against Preventive Detention Under COFEPOSA Due to Unexplained Delay in Considering Representation — Right Under Article 22(5) Violated. The Court held that the 60-day delay in considering the detenue's representation by the Central Government was unexplained and vitiated the detention order.

15 May 2023

The Supreme Court allowed an appeal against a preventive detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activi...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind to Witness Statements. The court held that the detaining authority failed to properly consider in-camera statements, violating the detenu's right to make an effective representation under Article 22(5) of the Constitution.

14 Mar 2013

The petitioner, Ravi Hanumant Thorat, brother-in-law of the detenu Sahadeo @ Sada Laxman Dhavare, challenged the validity of a preventive detention or...

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

Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Retraction of Statement and Bail Conditions Ignored, Violating Article 22(5) of the Constitution.

3 Jul 2015

The petitioner, son of the detenu Bittu Choith Harchandani, challenged a detention order dated 16.4.2015 passed by the second respondent under Section...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Material to Support Apprehension of Bail. Detenu in Judicial Custody Without Bail Application; Detaining Authority's Satisfaction of Imminent Release Held Unsubstantiated.

14 Mar 2018

The petitioner, Sagar Sunil Gaikwad, challenged an order of detention dated 27 September 2017 passed by the Commissioner of Police, Pune, under Sectio...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Stale Grounds. Preventive Detention Cannot Be Based on Old Incidents Without Proximate Link to Public Order.

16 Feb 2012

The petitioner, Adil Chaus, challenged an order of preventive detention passed by the Commissioner of Police, Aurangabad, on 30 August 2011 under Sect...

Supreme Court

Supreme Court Upholds Preventive Detention Orders Under COFEPOSA for Gold Smuggling — High Court's Quashing Set Aside for Non-Application of Mind Regarding Bail Likelihood. The Court held that the detaining authority must record satisfaction of imminent bail possibility, but service of documents within statutory period is valid.

18 Jul 2019

The Supreme Court of India heard appeals against the Bombay High Court's judgment dated 25.06.2019 quashing preventive detention orders passed under S...

High Court

Bombay High Court Allows Compensation for Wrongful Preventive Detention Under Maharashtra Prevention of Dangerous Activities Act, 1981 — Detention Order Invalid for Lack of Subjective Satisfaction Regarding Public Order. The court held that the absence of subjective satisfaction in the detention order rendered it invalid, entitling the petitioner to compensation for the period of detention.

13 Oct 2014

The petitioner, Yuvraj Ramchandra Pawar, was detained under an order dated 2nd December 2013 passed by the District Magistrate, Satara, under Section ...

Supreme Court

Supreme Court Quashes Disciplinary Proceedings Against Police Officer in 1984 Anti-Sikh Riots Case Due to Inordinate Delay and Procedural Unfairness. The Court held that remand to Disciplinary Authority for fresh disagreement note was unjustified given 38-year delay, appellant's retirement at age 80, and violation of natural justice in earlier proceedings under service rules.

23 Apr 2025

The appeal arose from disciplinary proceedings against a police officer related to the 1984 Anti-Sikh Riots. The appellant, posted as Inspector of Pol...

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