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BOMBAY HIGH COURT
S. H. Kapadia, J
Shakeel Sait v. C.D. Singh and Others
| Table of Content |
|---|
| 1. detention legality under cofeposa act. (Para 1 , 2 , 3) |
| 2. challenges regarding unreasonable delays in issuing detention orders. (Para 4 , 6 , 7) |
| 3. court's duty to scrutinize explanations for delay in preventive detention. (Para 8 , 12 , 20) |
| 4. the necessity of immediate action in preventing undesired activities. (Para 22 , 24) |
1. This writ petition has been filed by the petitioner, challenging the detention of his father by name Mustafa Ahmed Ali Merchant under the provisions of COFEPOSA Act . The detention order was issued under the COFEPOSA Act on 16th Feb. 1996 by respondent No. 1 who was, at that time, Principal Secretary to the Government of Maharashtra, Home Department (Preventive Detention) and Detaining Authority. The said order of detention is annexed to this petition as Annexure "A". The respondent No. l had also formulated the grounds of detention dated 16th Feb. 1996 which are annexed as Annexure "B" to this petition. Consequent to the said order of detention, the detenu was detained by 29th of Feb. 1996. At the time of his detention the detenu was served with the grounds of detention along with the order of detention and the documents and material r
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