Search Results for "twelve months detention"

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Search Results for "twelve months detention"

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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 Detention Order Under MPDA Act Due to Violation of Section 3(2) Proviso — Initial Detention Cannot Exceed Six Months. The court held that the proviso to Section 3(2) of the MPDA Act mandates an initial detention period of only six months, and a 12-month initial order is illegal.

3 Apr 2023

The petitioner, Himanshu Roy, challenged a detention order passed by the Commissioner of Police, Nagpur, on 30 July 2022, confirmed by the State of Ma...

Supreme Court

Supreme Court Quashes Detention Order Under National Security Act 1980 Due to Procedural Lapses in Considering Representation. The detention was found illegal as the authorities delayed considering the representation and failed to communicate the decision, violating Article 22(5) of the Constitution and procedural safeguards under the National Security Act 1980.

29 Oct 2021

The Supreme Court of India heard a criminal appeal challenging a detention order under the National Security Act 1980. The appellant, a hospital direc...

Supreme Court

Supreme Court Quashes Preventive Detention Order in Telangana Offenders Act Case — Lack of Proximate Link Between Past Crimes and Public Order Disturbance. Single Pending Murder Case Insufficient to Justify 'Goonda' Detention When Bail Already Granted and No Charge-Sheet Filed.

18 Dec 2019

The Supreme Court allowed the appeal and quashed the preventive detention order against Khaja Bilal Ahmed, who was detained under the Telangana Preven...

High Court

High Court of Karnataka Quashes Detention Order in Karnataka Prevention of Dangerous Activities Act Case — Failure to Consider Less Restrictive Measures. Detenu's brother successfully challenged preventive detention as the detaining authority did not consider the possibility of resorting to less drastic remedies under the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum-Grabbers Act, 1985.

26 Sep 2018

The petitioner, Suresh B. Shetty, filed a habeas corpus petition under Articles 226 and 227 of the Constitution of India challenging the preventive de...

High Court

Karnataka High Court Quashes Preventive Detention Order Under Karnataka Act for Twelve Months in First Instance. Detention Order Held Illegal as Contravening Proviso to Section 3(2) and Supreme Court Precedent in Cherukuri Mani; Detenu Ordered Released.

18 Nov 2016

The petitioner, Yallappa, a poor coolie living with his wife and children in Raichur, was detained under the Karnataka Prevention of Dangerous Activit...

High Court

Karnataka High Court Quashes Preventive Detention Order for Non-Communication of Grounds in Language Known to Detenu — Violation of Article 22(5) of Constitution and Section 8 of Karnataka Prevention of Dangerous Activities Act, 1985. The court held that failure to supply grounds in Telugu, the only language known to the detenu, vitiated the detention order and ordered his release.

27 Oct 2016

The petitioner, Smt. Jayamma, wife of the detenu Giddappa @ Lambu Giddappa, filed a habeas corpus petition under Articles 226 and 227 of the Constitut...

High Court

Karnataka High Court Allows Habeas Corpus Petition Quashing Preventive Detention Order for Non-Application of Mind and Violation of Article 22(5). The court held that failure to communicate grounds of detention in a language understood by the detenu renders the detention illegal.

29 Jun 2015

The petitioner, Yashoda, wife of the detenu Keshava Poojary @ Choni, filed a writ petition for habeas corpus under Article 226 of the Constitution of ...

High Court

Karnataka High Court Allows Habeas Corpus Petition Challenging Preventive Detention Order for Non-Communication of Grounds in Known Language. Detenu's Right to Make Representation Under Article 22(5) Violated as Grounds Were Not Communicated in Tulu, a Language Known to Detenu.

29 Jun 2015

The petitioner, Yashoda, wife of Keshava Poojary @ Choni, filed a writ of habeas corpus under Article 226 of the Constitution of India challenging the...

Supreme Court

Supreme Court Upholds Preventive Detention Order Beyond Three Months Under Preventive Detention Act, 1950. Interpretation of 'Such Detention' in Article 22(4)(a) of the Constitution Confirmed to Refer to Preventive Detention, Not Period of Detention.

24 May 1957

The case involved a constitutional challenge to an order of preventive detention under the Preventive Detention Act, 1950, as amended. The appellant, ...

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