In a writ petition for habeas corpus, the High Court of Bombay quashed and set aside the impugned detention order dated 09.09.2014 and directed the release of the detenu forthwith.
Writ of Habeas Corpus issued quashing the detention order; release directed forthwith.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Shiv
1 order4411.14
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.4411 OF 2014
Dipti Deepak Joshi
.. Petitioner.
Vs.
The State of Maharashtra & Ors. .. Respondents.
Mr.V.B. Singh and Santosh Shetti for the Petitioner. Mr.J.P. Yagnik APP for Respondent Nos.1, 2 and 5. Mrs.A.S. Pai APP for Respondent Nos.3 and 4.
CORAM : A.S. OKA & A.K. MENON, JJ.
DATED : 12TH JANUARY, 2015
Operative order :
For the reasons separately recorded, we pass the following order :
(i) Rule is made absolute in terms of prayer clauses (A) and (B) which read thus :
“(A) Issue a Writ of Habeas Corpus or any other appropriate Writ, order or direction quashing and setting aside the impugned Detention Order bearing NO.PSA1213/CR-72(2)/SPL-3(A) dated 29.09.2014.
(B) Direct that the detenu be released from the detention forthwith and be set at liberty.”
(ii) We direct all the concerned authorities to act upon an authenticated copy of the operative part of the judgment and order.
(A.K. MENON, J.)
(A.S. OKA, J.)
2 issues framed by the court
Whether the detention order dated 29.09.2014 is liable to be quashed under Article 226 of the Constitution.
Whether the detenu must be released forthwith.
1 provisions across 1 enactments
Dipti Deepak Joshi
The State of Maharashtra
A.S. OKA
A.K. MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
